:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 279 OF 2008 Shri Pradip Hanumanta Vede ...Petitioner Versus Shri Pravin Hanumanta Vede ....Respondents ====== Mr.Rajesh More, Adv. for the petitioners. Mr.G.S.Godbole with P.M. Arjunwadkar Adv. for respondent nos.5 and 6. CORAM: S.C.DHARMADHIKARI, J. DATED: 1ST FEBRUARY,2008. P.C. P.C. P.C. : : : 1. This Writ Petition is directed against the order passed by the Principal Civil Judge, Senior Division, Pune on 30.11.2007 in an Application for amendment. The petitioner is the original plaintiff in Special Civil Suit No. 1102 of 2001 whereas the original defendants are Respondent nos.1 to 6 to the suit. The petitioner’s civil Suit contains averments, so also, claims a declaration with regard to the Sale Deed executed by Defendant no.4 in favour of Defendant No.4A :2: :2: :2: dated 29.9.2001. He desires to claim a further relief not only just of a declaration but that the original agreement be directed to be delivered for cancellation. 2. The amendment was opposed on the ground that the application is belated, so also, that the claim itself is barred by limitation. 3. Time and again, the Supreme Court has observed that all such amendments should be granted, by keeping open the plea of bar of limitation and subject thereto. The learned Judge is aware of the same. However, the application is yet rejected. Further, merely because the application is belated, does not mean that it should necessarily be rejected. The party seeking amendment can be directed to pay costs. 4. In my view, this course could have been adopted in this matter as well. In such circumstances, the order under challenge cannot be sustained. It is quashed and set aside. The application for amendment is granted, provided the petitioner-plaintiff pays costs quantified at Rs.2,000/- to the original Defendants in the Trial :3: :3: :3: Court. Further, it is clarified that the amendment is granted subject to the bar of limitation and the Trial Court to consider the said pleas raised by the defendant on their own merits and in accordance with law. They are expressly kept open for being raised and the amendment is granted subject to the same. Petition allowed. No costs. ********