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Bombay High CourtWP/12764/2017rejected

Shri. Haresh Chandumal Manchudiya v. Smt. Rekha Baburao Parmale And ORS.

2017-12-06Hon'Ble Shri Justice G.S. Patel1 pages

908-WP12764-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12764 OF 2017 Haresh Chandumal Manchudiya

...Petitioner

Versus

Rekha Baburao Parmale & Ors

...Respondents

Mr Amit B Borkar, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

6th December 2017 PC:- 1.

There is no substance to the writ petition which challenges an order allowing amendment. A copy of the order is annexed. In my view the Trial Court correctly interpreted the provisions of Order VI Rule 17 and allowed the plaintiffs' application for amendment. The only ground of challenge is that no cause was mentioned why the amendment was not incorporated in the original plaint. Given the stage of the suit, this is not a reason to deny an amendment that is otherwise necessary for a proper determination of the issues in hand.

2.

The writ petition is rejected. There will be no order as to costs.

(G. S. PATEL, J) 6th December 2017