rpa IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 35 OF 2008 SUMMONS NO. 35 OF 2008 SUMMONS NO. 35 OF 2008 IN IN IN PIL PIL PIL WRIT PETITION NO. 59 OF 2007 WRIT PETITION NO. 59 OF 2007 WRIT PETITION NO. 59 OF 2007 P.B.Samant & Ors. .. Petitioners Vs. Union of India & Ors. .. Respondents Ms.Rajani Iyer i/b.D.G.Bagwe for the Petitioners. Mr.N.P.Pandit, A.G.P.-State. Dr.(Mrs.) R.R.Ajinkya for Respondent No.2. CORAM CORAM CORAM : SWATANTER KUMAR, C.J.& : SWATANTER KUMAR, C.J.& : SWATANTER KUMAR, C.J.& J.P.DEVADHAR, J.P.DEVADHAR, J.P.DEVADHAR, J. J. J. DATED DATED DATED : 14TH MARCH, 2008 : 14TH MARCH, 2008 : 14TH MARCH, 2008 P.C. P.C. P.C. . We have heard the learned counsel appearing for the parties. The non-applicant opposes the amendment now sought for by the Petitioners, interalia on the ground that the facts were known to the Petitioners for back in the year 2006, as such the amendment should be declined. 2. It is a settled rule of law that the provision of Order VI, Rule 17 of the Civil Procedure Code can be extended to the Writ Petitions to allow amendments as may be necessary for the purpose of determining the real question in controversy between the parties; unless the amendment prayed for is malafide and is ( 2 ) intended to delay the proceeding unnecessarily. Neither of these circumstances do exist in the present case. We may notice that even Rule has not been issued in the writ petition and the application has been filed at the threshold even before the hearing of the writ petition. In this view of the matter, Chamber Summons is made absolute in terms of prayer clause (a). Amendment to be carried out within two weeks from today. Rejoinder within two weeks thereafter. Stand over to 5th June, 2008. CHIEF CHIEF CHIEF JUSTICE JUSTICE JUSTICE J.P.DEVADHAR,J. J.P.DEVADHAR,J. J.P.DEVADHAR,J.