Mr. Jainuddin Ibrahim Attar v. Mr. Abdulsattar Ibrahim Attar (Since Decd) And ORS.

28-wp-1130-2017.doc Tandle

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1130 OF 2017 Mr. Jainuddin Ibrahim Attar ... Petitioner.

V/s Mr. Abdulsattar Ibrahim Attar (Since deceased) Through LRS and Ors.

... Respondents.

- - - - - - - Mr. Avinash Avhad for the Petitioner.

Mr. Sachin Thorat for the Respondent Nos.1A, 1B, 1E, 1F, 1H, 1I, 1J, 2, 3, 4A, 4B & 5.

- - - - - - - CORAM : A. S. GADKARI, J.

DATE : 12th MARCH, 2020 P. C. :

1.

The petitioner has impugned Order dated 8th September 2016 passed below Exhibit-258 in Regular Civil Suit No. 169 of 2012 by the learned Joint Judicial Magistrate, First Class, Junnar, rejecting the said application for amendment of plaint filed by the petitioner/plaintiff. 2.

By the said application, the petitioner was intending to amend his plaint thereby incorporating, one property which was left to be stated in the plaint at the time of its filing. A bare perusal of said application below Exhibit-258 would indicate that, the petitioner has failed to show the basic ingredients as contemplated under the proviso to Rule 17 of Order 6 of the Code of Civil Procedure, i.e. "in spite of due diligence, the plaintiff could not raised said 1/2

28-wp-1130-2017.doc issue before the commencement of trial." It is an admitted fact on record that, after filing of Affidavit on evidence in lieu of examination-inchief by the parties, the petitioner/plaintiff has filed the said application below Exhibit-258.

3.

Mr. Thorat, learned counsel for the respondents submitted that, as of today the recording of evidence of petitioner is completed and the defendant No.1 would be cross examined by the petitioner /plaintiff. 4.

In view of the above, I find that there is no merit in the petition. Petition is accordingly dismissed.

(A. S. GADKARI, J.) 2/2