: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. 601 OF 2008 Kamlakar Dattatraya Kalekar and 3 Ors. ...Petitioners Versus Ramakant Dattatraya Kalekar (since deceased by his legal heirs) and 4 Ors. ....Respondents ====== Mr.S.R.Ganbavale Adv. for the petitioners. None for the respondents. CORAM: S.C.DHARMADHIKARI, J. 29th January, 2008. P.C. P.C. P.C. : : : 1. There is no reason to interfere with the order allowing amendment of the plaint. The amendment is neither changing the cause of action nor the nature of reliefs claimed. All that is sought to be incorporated, is some event, reference to which has already been made in the unamended plaint. That apart, it is well settled law that the amendment even if ousting the jurisdiction of the court, can be allowed. :2: :2: :2: By allowing the amendment, it is not as if the court has ruled upon the jurisdiction conclusively. All pleas including that of jurisdiction and maintainability are kept open to be raised and amendments are subject to such pleas. In such circumstances, there is no reason to interfere. Petition is dismissed. All objections on merits including those raised by separate applications are kept open and amendment is granted subject to the same. sd/- *******