Mohd Sajid Mohd Dawood v. Alkabai Kantilal Muthiyan

{1} wp1068219.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10682 OF 2019 Mohd. Sajid s/o Mohd. Dawood Petitioner

Versus

Sow. Alkabai Kantilal Muthiyan Respondent Mr.A.D.Kasliwal, advocate for the petitioner. Mr.P.P.Patni, advocate holding for Mr.P.F.Patni, advocate for the Respondent.

CORAM : RAVINDRA V. GHUGE, J.

DATE : 29th August, 2019 PER COURT:

I have heard the learned advocates for the respective sides and have perused the impugned order dated 30.07.2019. I have also perused the record available with the assistance of the learned advocates.

It is apparent that the petitioner desires to add certain clarificatory statements or statements in elaboration, in addition to the pleadings which are found in paragraph no.6 of the plaint. It is settled law that neither the law has to be pleaded, nor arguments are to be pleaded. If the pleadings are available, the plaintiff can canvass oral submissions in the way he may desire,

{2} wp1068219.odt based on the pleadings and evidence.

In view of the above, this petition is disposed off. Needless to state that the parties are at liberty to canvass their oral submissions on the basis of their pleadings and oral and documentary evidence in SCS No.182 of 2017.

RAVINDRA V. GHUGE JUDGE adb/