bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3955 OF 2009 Mahadev Bhiva Kute & Ors. ..Petitioners Vs. Ramchandra Shankar Mate ..Respondent Mr.R.N.Sanghvi for petitioners. None for respondent. CORAM :- V.C.DAGA,J. DATE :- 21ST JANUARY,2010 P.C. Heard learned Counsel for the petitioners. Perused petition. 2. This petition filed under Article 227 of the Constitution of India is preferred against the order dated 17th December, 2008 passed below Exhibit-55 in Special Civil Suit No.165 of 1994 by the Joint Civil Judge, Senior Division, Pune, whereby an amendment to the plaint was allowed subject to payment of costs keeping the question of limitation open. 3. During the course of hearing, I was taken through the copy of the plaint together with an application for amendment and its reply. The only question canvassed during the course of hearing is that the amendment is barred by limitation as such, it could not be allowed. 4. Having seen the factual aspect, it is difficult to say at this stage that the amendment is clearly barred by limitation. However, the learned Trial Judge had, by way of protection, by keeping the question of limitation open for being considered at the appropriate stage, allowed prayer for amendment. 5. One cannot canvass absolute preposition of law that once the contention is raised that the amendment is barred by limitation, it must be rejected. Depending on the facts and circumstances of each case one has to examine whether the amendment is clearly barred by limitation on the face of record. If the conclusion cannot be reached without investigation of facts then amendment needs to be allowed keeping the question of limitation open. It cannot be rejected solely on that ground at the threshold. The impugned order rightly grants application for amendment keeping the question of limitation open. 6. In the above circumstances, no case is made out to interfere the application. The petition is, therefore, dismissed in limine with no order as to costs. (V.C.DAGA,J.)