Bombay High CourtWP/4371/2014dispossed offdismiss for default

Rajesh S/O Ramchandra Admane v. Shrawan S/O Balaji Tarare, And 3 Others

2016-07-26Hon'Ble Shri Justice Z.A. Haq3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO.4371 OF 2014 (Rajesh s/o Ramchandra Admane ..vs.. Shrawan s/o Balaji Tarare and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for the petitioner, Shri S.T. Godbole, Advocate for the respondent Nos.1 and 2, Shri A.S. Band, Advocate for the respondent No.3. CORAM : Z.A. HAQ, J.

DATED : 26-07-2016 None appeared for the petitioner on 18-07-2016. Matter was adjourned. Today again none appeared for the petitioner when the matter was called out. 2.

Heard Shri S.T. Godbole, Advocate for the respondent Nos.1 and 2 and Shri A.S. Band, Advocate for the respondent No.3.

The petitioner has challenged the order passed by the trial Court rejecting the application filed by him under Order VI Rule 17 of the Code of Civil Procedure seeking permission to amend the written statement. The learned trial Judge has recorded that the plaintiff has submitted the affidavit in lieu of examination-in-chief on 20-03-2013, that the petitioner-defendant No.2 thereafter sought permission to file written statement, said permission was granted and then the matter was adjourned for recording further examination-in-chief of

2 wp4371.14 the plaintiff. The application (Exhibit No.52) filed by the petitioner-defendant No.2 seeking permission to amend the written statement is rejected on the ground that the defendant No.2 has not been able to overcome the bar created by Rule 17 of Order VI of the Code of Civil Procedure. The conclusions of the learned trial Judge are proper.

I see no reason to interfere with the impugned order. The petition is dismissed. In the circumstances, the parties to bear their own costs.

As the civil suit is of 2008, the learned trial Judge is directed to dispose the civil suit by 16-01-2017. JUDGE adgokar

3 wp4371.14 CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed Order.

Uploaded by : P.M. Adgokar.

Uploaded on : 27-07-2016.

P.A. to Hon'ble Judge.