1 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 467 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri MM. Malvankar i/by Shri R.A. Malandkar for Respondent No.1 -- CORAM : A.S.OKA, J. DATE : 26TH MARCH, 2010 P.C.: . On the oral prayer made by the learned counsel appearing for the Petitioner, the order of dismissal passed in the morning session is recalled and the Petition is heard on merits. The Petitioner is the original Plaintiff. The Petitioner took out a chamber summons for amendment of the Plaint. By the impugned order, the said chamber summons has been rejected. 2. I have heard the learned counsel appearing for the Petitioner and perused the text of the amendment. By the proposed amendment, the Petitioner wants to add additional Paragraph Nos. 20A to 20E. The contentions 2 raised in the additional paragraphs are based on the documents annexed to the Written Statement of the 2nd Defendant. It is sought to be contended that the documents annexed to the Written Statement of the 2nd Defendant are forged and fabricated and, therefore, a show cause notice be issued to the 2nd Defendant. 3. The 2nd Defendant has annexed several documents to his Written Statement. The 2nd Defendant will have to prove the said documents. At the time of hearing of the suit, the Petitioner can lead evidence to show that the documents are forged and/or fabricated. The Petitioner can cross-examine the 2nd Defendant on the said documents. After the evidence is adduced, the Petitioner can always pray before the Trial Court that the action needs to be initiated against the 2nd Defendant. For that purpose, the amendment of the Plaint is not required. While rejecting the chamber summons, the Trial Court has precisely made an observation that the Petitioner can always cross-examine the 2nd Defendant. 4. Therefore, no case for interference is made out. The Petition is rejected. The contention of the Petitioner that the documents relied upon by the 2nd Defendant are 3 forged and/or fabricated and/or obtained by fraud are expressly kept open which may be decided by the Trial Court at an appropriate stage. (A.S.OKA, J)