Santosh S/O Ramratan Atole v. Amol S/O Prakash Atole And Others

1 933-179-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 179/2024 Santosh S/o Ramratan Atole Vs.

Amol S/o Prakash Atole and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.S. Dhore, Advocate for petitioner Mr. Nikhil Waghmare, Adv. h/f Mr. P.B Patil,Adv. for Respondents CORAM: N.R. BORKAR, J.

DATED : 26th JULY, 2024 This petition takes exception to the order dated 11.08.2023, passed by the learned Civil Judge (Junior Division), Lonar below Exh.17 in Regular Civil Suit No.50/2019. By the order impugned the trial Court has rejected the application filed by the present petitioner / defendant for amendment of written statement. 2.

I have heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the impugned order.

3.

The learned counsel for the petitioner submits that by the proposed amendment no new defence was taken and it was classificatory in nature. It is submitted that the trial Court, therefore ought not to have rejected the

2 933-179-2024.odt amendment application on the ground that trial of the suit has commenced.

4.

On the other hand, the learned counsel for the respondents submits that the petitioner by way of proposed amendment is trying to raise new pleas. It is submitted that even otherwise the trial Court has rightly rejected the application, in absence of any explanation for moving the application after the commencement of trial.

5.

I have perused the application for amendment. There is absolutely no explanation which is required for allowing the application after commencement of trial in terms of proviso to Order VI Rule 17 of the Code of Civil Procedure. 6.

The petition is dismissed. No costs.

(N.R. BORKAR, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 13/08/2024 18:42:41