JUDGMENT

1. With consent, matter is heard finally at the stage of admission.

2. The Petitioners, who are the Defendant Nos.1 and 2 in the suit (hereinafter referred to as Defendants) have challenged the impugned order dated 17.02.2021, passed by the learned Judge, City Civil Court, Gr. Bombay allowing the Chamber Summons No.1236 of 2016 for amendment of the plaint as per the schedule.

3. Mr. Devani, learned counsel submits that by amendment as proposed in Clause E, the Respondent Nos.1 and 2 (hereinafter referred to as the Plaintiffs) have sought declaration that certain clauses of the Agreements executed between the members of the Plaintiff No.1 society and the Defendants are illegal, void, ab-initio and not binding upon the members. He submits that the said Agreements were executed some time in the year 1976. The Plaintiffs/members were in possession of these Agreements and there is no explanation for seeking such relief at a belated stage. He submits that the relief of declaration is ex-facie barred by law of limitation and such preliminary objection could not have been relegated to the stage of trial. He therefore submits that the impugned order is unsustainable. Reliance is place