:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.8586 OF 2006 PETITION NO.8586 OF 2006 PETITION NO.8586 OF 2006 Sudhir Golecha ..Petitioner V/s Kanchanshri Investments Pvt. Ltd. ..Respondents. Mr.P.S.Dani for the petitioner CORAM CORAM CORAM : : : A.A. SAYED, J. A.A. SAYED, J. A.A. SAYED, J. DATE DATE DATE : 11TH FEBRUARY, 2008 : 11TH FEBRUARY, 2008 : 11TH FEBRUARY, 2008 P.C. 1. Heard the learned Counsel for the petitioner. 2. The petition impugns the order dated 1st September, 2006 passed by the learned Judge, Small Causes Court, Bombay in Interim Notice No. 340/2006 in R.A.E. Suit No. 418/733 of 2002 by which order the Interim Notice filed by the respondent/original plaintiff for amendment to the plaint came to be allowed. 3. The additional grounds for eviction sought to be incorporated in the plaint are two fold viz ground of non user and ground of illegal addition and alteration in the suit premises. The main contention of the learned counsel for the petitioner is that these grounds were available to the respondents at :2: the time of filing of the suit itself and that the details of the amendment sought are missing. 4. The learned Counsel for the petitioner confirms that the trial has so far not commenced. 5. I have perused the material on record including the impugned order. The Apex Court as well as this Court, in a catena of decisions have held that the Courts should be liberal in allowing amendments to the plaint, particularly when the trial has not commenced and no new case is made out. So far as the contention of details of the amendment is concerned, the learned Judge of the trial Court in the impugned order has rightly observed that if the pleadings are lacking material particulars, its consequences will follow. 6. In my view, the impugned order cannot be faulted and does not suffer from any infirmity or illegality. No case for interference under Article 226 of the Constitution of India is made out. 7. Writ Petition is dismissed. :3: ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)