Sanjay S/O. Shriramji Pendharkar v. Harichand S/O. Dadumal Nagpal And Others

2024:BHC-NAG:7336

924. WP 6168 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6168 /2022 Mr. Sanjay S/o Shriramji Pendharkar ...Versus...

Mr. Harichand S/o Dadumal Nagpal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. N.G. Jetha, Advocate for petitioner Mr. S.S. Dewani, Advocate for respondent nos.1 to 3 CORAM : N.R. BORKAR, J.

DATE : 02/07/2024 1.

This petition takes exception to the order dated 22/10/2021, passed by the Civil Judge Senior Division, Nagpur below Exh.35 in Special Civil Suit No.408/2020. 2.

The petitioner herein has filed the suit for declaration, injunction and cancellation of sale-deed. According to the petitioner, the transaction between him and contesting respondent nos.1 to 3 was of a hand loan. 3.

In a written statement filed by the contesting respondent nos.1 to 3 they referred to few more documents allegedly executed by the petitioner. The application was thus moved by the petitioner seeking permission to amend the plaint and to incorporate the plea that he had not executed the said documents. The trial Court has rejected the said application by the order impugned.

924. WP 6168 of 2022.odt 4.

Considering the fact and circumstances, the trial Court ought to have allowed the application and ought not to have rejected it on the ground that the trial of suit has commenced. The order impugned is, thus, set aside. The application filed by the petitioner is allowed. Needless to mention that the trial Court shall permit the respondent nos.1 to 3 to carry out the consequential amendment to their written statement, if the same is sought.

5.

The writ petition is disposed of in the aforesaid terms. No order as to costs.

(N.R. BORKAR, J.) Wadkar