1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10363 2009 Ramanlal N. Trivedi........ Petitioner versus Sanjay Ishwarlal Kanakia & ors........Respondent. ALONGWITH WRIT PETITION NO. 10362 2009 Bharat N. Trivedi........ Petitioner versus Sanjay Ishwarlal Kanakia & ors........Respondent. Mr. Sanjay Jain i/b. Bharat Joshi adv. for the Petitioners Mr. Suraj S. Shah adv. for the Respondents. CORAM: A. P DESHPANDE, J. DATED : 16th December, 2009. P. C.: 1. Rule. Rule made returnable forthwith. Taken up for final hearing by consent of parties. 2. The present petitioner/defendant moved an application at Exh.56 objecting to certain paragraphs in the affidavit of examination in chief of the plaintiff. The said objection came to be rejected by the trial court vide order dated 6-11-2009 which order is impugned in this petition. 2 3. The objection was raised by the petitioner on the basis of statement contained in the verification in regard to paragraphs 23, 24(b), 34, 35(a), 36, 38, 39, 41, 42, 43(a), 44(a), 45, 46(a) & 46(c) in W.P. No. 10363/09 and paragraphs 23, 24(b), 34, 35(a), 36, 38, 39, 41, 42, 43(a), 44(a), 45, 46(a), and 46(c) in W.P. No. 10362/09. As the contents of the said paragraphs are stated to be based on advise and believed to be true. The submission before the trial court was that as the said paragraphs are based on advise and belief, the same cannot form admissible evidence. After hearing both the learned counsel for sometime, the learned counsel for the respective parties are in agreement that the respondents be permitted to carry out the amendment in the verification so as to read that the contents of paragraphs referred to herein above are true to the personal knowledge. In view of the concession made available by the respective counsel appearing for the parties, permission to amend the verification is granted. It is made clear that after carrying out the amendment in the verification, the parties would proceed to lead evidence and the trial court shall permit cross examination of the plaintiff touching the contents of the affidavit, uninfluenced by the observations made in the impugned order. With this clarification, writ petitions are disposed of. Rule, accordingly, is discharged. (A. P. Deshpande, J.)