1 WP5033-11.sxw jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5033 OF 2011 Yogi Phulnathaji Guru Jagannathaji Kaplani .. Petitioner Versus Kashinath Shivram Madane .. Respondents Mr. U.R. Mankapure, for the petitioner CORAM: R. M. BORDE, J. DATED : 22nd August, 2011 P. C. 1. Heard. 2. An interlocutory order permitting amendment to the plaint to the extent of date of accrual of cause of action, is a subject matter of challenge in this petition, presented under Article 227 of the Constitution of India. 3. According to the plaintiff- respondent herein, the date 14/6/2007 noted in para 5 of the plaint as accrual of cause of action is an inadvertent error and the date of accrual of cause of action shall be read as 26/6/2011. The trial court has permitted the the plaintiff to make necessary correction. 4. The counsel appearing for the petitioner-original 2 WP5033-11.sxw defendants, contents that the trial court has permitted the plaintiff to effect the correction only after commencement of recording of evidence, which is not permissible under proviso to Rule 7 order 6 of the Code of Civil Procedure. 5. I have perused the application as well as the impugned order passed by the trial Court. 6. The contention raised by the plaintiff in respect of the inadvertent typographical error in para 5 of the plaint appears to be genuine reason. In para 3 of the plaint, the plaintiff has recorded the date of accrual of cause for presenting the suit as 24/6/2007, however mistake has occurred in recording date in para 5 of the plaint. Such an amendment, as requested by the plaintiff, is permissible and the same is in accordance with the parameters laid down by the apex court in the matter of Revajeetu Builders & Developers Vs. Narayanswamy & Sons, reported in 2009 (6) ALL MR 986. 7. The Petition is devoid of substance and hence stands dismissed. ( R. M. BORDE, J.)