Bombay High CourtWP/3772/2023dismissed

Bijaram S/O Soma Sarwar And Others v. Sanjay Tatyaji Zade And Others

2023-06-20Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 917wp3772.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.

OF Bijaram Soma Sarwar and ors__ Vs. __Sanjay Tatyaji Zade and ors --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S.M.Lodha, Advocate for petitioners CORAM :

AVINASH G. GHAROTE, J.

DATE : 20/06/2023 1] The application for amendment of the plaint filed by the petitioner/defendant has been rejected, on the ground that what is being sought to be brought on record are the orders passed in previous suit and revenue proceedings, which have already been decided and by production of the orders, this can be very well done, as upon the production, the Court will be bound to take judicial note of the same and therefore, there is no need for amendment.

2] It is contended that the amendment was necessary to incorporate pleadings in respect of the revenue and civil proceedings. In my considered opinion, it is permissible to bring to the notice of the Court by placing on record the certified copies of the orders passed in civil and revenue proceedings, as to what has transpired there, considering which the application has rightly been rejected.

(2) 917wp3772.23 3] Another reason for rejection is that all these proceedings were well within the knowledge of the petitioner and before filing his defence, and therefore, ought to have been taken in the written statement/counter-claim itself. I therefore do not see any reason to interfere in the impugned order. The petition is dismissed. No costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: