:1: :1: :1: FARAD CONTINUATION SHEET 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 PETITION NO. 916 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Nitin P.Deshpande, Adv for the petitioners. None for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 13TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. This Writ Petition is directed against an order passed by the Trial Court alongwith the Amendment Application to the plaint. 2. The grievance of the present petitioner, who is the original defendant is that the Suit was filed in the year 1999. The construction is of 7.8.1999. In such circumstances, the amendment is granted in respect of the claim which is clearly time barred. :2: :2: :2: 3. To my mind, an Application for amendment can be allowed keeping open the question of limitation. That is an aspect which must be and will necessarily be gone into, irrespective of the amendment to the plaint being allowed. I have no doubt in my mind, that the Trial Court while considering the amended pleas will frame the issue of limitation and decide the same alongwith other issues. The amendment is allowed subject to the bar of limitation being pleaded and considered. All contentions in that behalf are kept open. Petition dismissed subject to above. Additional Written Statement, if any, to be filed within a period of four weeks from the date of the receipt of the amended plaint. sd/- (JUDGE)