ssm sm sm 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 WRIT WRIT PETITION NO. 6983 OF 2007 PETITION NO. 6983 OF 2007 PETITION NO. 6983 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.D.B.Lonkar for the Petitioner. None for the Respondents. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 29th September, 2008. : 29th September, 2008. : 29th September, 2008. P.C. P.C. P.C. . None appeared though served for Respondents. 2. The learned Trial Judge after considering the amendment application filed by the Petitioner-Original Plaintiff, allowed the same partly by the impugned order, basically holding that it is at belated stage and inconsistent pleas are raised. Having once granted, the amendment partly, and as there is no amendment to the declaration as sought in the main suit itself, at this stage I am inclined to ( 2 ) grant this Application as prayed. However, all points/pleas are kept open for the other side. The learned counsel appearing for the Petitioner makes a statement that though it is fixed for evidence, it was not commenced when the Application was moved. Whether the Plea is inconsistent or not, or whether it is explanatory in nature, can be considered at the time of trial. Therefore, in the interest of justice, this application is allowed. The Application filed by the Plaintiff for amendment is allowed. The impugned order dated 07/10/2006 is, accordingly, quashed and set aside to the above extent. 3. The Petition is allowed. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]