dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.6087 OF 2008 PETITION NO.6087 OF 2008 PETITION NO.6087 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Amol P. Mhatre for the Petitioner. Mr.R.S.Apte for respondent. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 3rd October, 2008. : 3rd October, 2008. : 3rd October, 2008. P.C. P.C. P.C. This petition is filed by the plaintiff as his application for amendment in a Suit of the year 2007 was rejected. Admittedly the petitioner moved this amendment application after receipt of written statement filed by the respodnent-corporation who issued notice dated 18.04.2007 to the petitioner. The petitioner is opposing, denying and therefore challenging the same by seeking declaration that notice dated 18.04.2007 is illegal, invalid and bad in law. ( 2 ) Taking all this into account, it is necessary to grant this application as according to me it goes to the root of the matter and it is necessary to adjudicate the issue raised including the prayers as made in the present suit by the plaintiff against the Municipal Corporation. In the circumstances, the impugned order dated 29.07.2008 is quashed and set aside. The amendment application as filed is allowed. The Court to proceed accordingly. The defence is kept open. The petition is allowed. No costs. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]