(1.) The petitioner challenges the order dated 24.2.2010 vide which the learned Civil Judge, Junior Division Nashik Road has allowed the application below Ex.17 being MCA No.16/08 filed by the respondent for amendment to the application filed by the respondent-applicant No.16/08 for condonation of delay in filing the application for restoration of RCS No.12/1995.
(2.) One Dara Khurshedji Amrolia had filed Regular Civil Suit No.370/69 in the Court of learned Civil Judge, Junior Division, Nashik. On the establishment of the Court at Nashik Road said Civil Suit No.370/69 came to be transferred to the Nashik Road and was renumbered as Regular Civil Suit No.12/1995. The said suit was dismissed ex-parte. As such the daughter of the deceased Dara Khurshedji Amrolia viz. Firoza Bomi Anklesaria filed MCA No. 16/2008 for restoration of the suit. An application for condonation of delay in filing application also was filed. In the said application an application below Ex.17 for amendment came to be filed and the same was allowed. Hence the present petition.
(3.) Mr.Kankaria, learned counsel appearing on behalf of the petitioner submits that the learned trial Court has grossly erred in allowing the application. He submits that the Miscellaneous Civil Application itself is filed beyond 11 years, 7 months and 6 days. It is submitted that the proposed amendment is longer than the original application for condonation of delay and as such it ought not to have been allowed. It is further submitted that the in an application for condonation of delay an application for amendment is not permissible.