DHANAJI KASHINATH SHENDKAR Vs. KHEMCHAN S CHAWLA

JUDGEMENT

(1.) In all these Petitions, on 9 th June, 2011 following orders are passed :

(2.) Since common questions of law and facts are involved in all the Petitions, the same are being heard and disposed off by this common Judgment. The controversy involved in the Writ Petitions is short, namely, whether the Plaintiffs in different suits, which are identical, should be permitted to amend their plaint, which amendment, according to them was necessitated on account of subsequent events, namely, the fire which broke out on 2.6.2008. The Trial Court has dismissed all the Applications for amendment and the Division Bench of the Court of Small Causes has dismissed the Revision Applications filed by the original Plaintiffs/ Petitioners and hence, the present Writ Petitions have been filed.

(3.) Mr. Sanglikar appearing for the Petitioners invited my attention to the plaint and pointed out that it was the case of the Plaintiffs in all the suits that they are tenants in respect of the premises admeasuring about 500 sq.ft in the larger premises known as Kamani Oil Mills, Peru Chaw Compound which are situated at Mumbai. He pointed out the averments in the Application for amendment and the Schedule of Amendment and according to Mr. Sanglikar on account of the subsequent development, namely, fire which broke out on 2.6.2008, the amendment was necessitated. I deem it necessary to reproduce Schedule I to the Application so as to appreciate the controversy involved in the Petitions in proper perspective.