:1: 7690.10-wp bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7690 OF 2010 M.L.Joseph ..Petitioner Vs. R.G.Nair & Anr. ..Respondents Mr.P.G. Lad for Petitioner. Mr.Prashant Kamble i/b. A.S.Rao for respondent No.2. CORAM :- B.R.GAVAI,J. DATE :- MAY 4, 2011 P.C. 1. Rule. Rule is made returnable forthwith. Heard by consent. 2. By way of the present petition, the petitioner challenges the order dated 12th August, 2010 vide which the application for amendment of the plaint came be rejected. 3. The learned Counsel for the respondents vehemently opposed the petition on the ground that the amendment which was sought was at a belated stage. 4. The only amendment that is sought to be incorporated is, that the name of the “Kalyan Municipal Corporation” is sought to be substituted with that of “Kalyan Dombivali Municipal Corporation”. The suit is of 2001 i.e. prior to 1st July, 2002 on which date, the amendment to the Code of Civil Procedure was brought into effect. As such, it will not be governed by the amended provisions of the Code of Civil Procedure. :2: 7690.10-wp 5. From the nature of the amendment which is sought to be incorporated, it cannot be said, that it will cause any prejudice to the respondents. Insofar as the prejudice that is caused to the respondent is concerned, the same could be compensated by saddling costs on the petitioner. 6. In that view of the matter, Rule is made absolute in terms of prayer clause (a), however, subject to the costs quantified at Rs.3000/-. The costs to be deposited by the petitioner in the Trial Court within a period of six weeks from today. On deposit of costs, respondent No.1 - defendant No.1 would be at liberty to withdraw the same. Condition of deposit of costs is pre-condition for allowing the amendment. In the event costs are not deposited within stipulated period, the petition shall stand dismissed without further reference to the Court. (B.R.GAVAI, J.)