Shripat Chindhu Davange v. Shri. Ambadas Chndhu Davange And ORS.

WP-1986-14.doc 08.01.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1986 OF 2014 Shripat Chindhu Davange .. Petitioner

Versus

Shri. Ambadas Chindhu Davange and others .. Respondents Mr. V. N. Walawalkar with Mr. S. M. Sabrad, Advocate for the Petitioner.

CORAM : R.M. SAVANT, J.

DATE : 08th JANUARY, 2015 P.C.

1.

The order dated 5th December, 2013 passed by the Learned Civil Judge, Junior Division, Chandwad, District - Nashik rejecting the application for amendment of the written statement is taken exception to by way of the above petition. The said rejection is on the ground that the amendment is sought to be moved after seven years when the facts now sought to be incorporated by way of the amendment were very well known to the Petitioner i.e. original Defendant at the time of filing of the written statement. The Trial Court has also taken into consideration the fact that earlier also on 14.09.2010 the written statement was amended, but no such amendment as is sought now was prayed for. Having regard to the reasons mentioned in the impugned order, no case for interference of BGP.

WP-1986-14.doc 08.01.2015 writ jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed.

[R.M. SAVANT, J] BGP.