: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. 6998 OF 2007 Pukharaj Babhutmal Jain deceased through L.R.s ...Petitioners Versus Baliram Maruti Tamhane and Ors. ....Respondents ====== Mr.G.S.Godbole, i/by.P.G.Chavan Adv. for the petitioners. Mr.Machindra Deshmukh, Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 11TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. The trial court has passed on order on the Amendment Application preferred by the petitioner-plaintiff rejecting the same, and that is how the present petition. 2. The Trial Court was of the view that the suit is filed in the year 1996 and the application for amendment is filed in the year 2007. In such :2: :2: :2: circumstances, not only it is belated but the amendment on the face of it is time barred according to the Learnead Judge. 3. After the matter was argued for some time, the attention of the Learned Counsel appearing for the original defendants is invited to the decisions of the Supreme Court and this court on the point that such amendment can be granted keeping open the plea of limitation. All that he contended was, that this court should impose appropriate costs for the delay. 4. After perusing the petition and the Annexures thereto including the impugned order, I am of the view that the Learned Judge was in error in rejecting the application (Exhibit-30) for amendment. It should have been granted subject to the plea of limitation being kept open and by imposing appropriate costs. 5. Accordingly, the said application is allowed subject to the plea of limitation being kept open for being urged and raised during the course of trial. Insofar as, the amended pleas are concerned, the Trial :3: :3: :3: court to frame the Issue of limitation and try it alongwith other Issues. However, for the delay of 10 years, the original plaintiff is directed to pay costs quantified at Rs.7,500/- which shall be paid within a period of 2 weeks from today and upon payment, the amendment may be allowed to be incorporated within a period of 2 weeks after the production of proof in that behalf. The additional Written Statement to be filed within a period of four weeks thereafter on the date of amended plea. All contention of both sides on the issue of limitation as well as on merits are kept open. sd/- **********