This single judge order in an appeal allowed the plaintiff's application for amendment of the plaint, holding that the delay was immaterial as the amendment was essential for a just decision.
The order of the learned trial Judge rejecting the application for amendment was set aside, and the application was allowed. Rule made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2103 of 2003
Shri Anna Bapu Mane
since deceased by heirs
1A Smt.Sitabai Anna Mane
1B Shri Maruti anna Mane
1C Smt.Shalan Anna Mane ..Petitioners
V/s
1. Sou.Ningabai Balu Palage
2. Sou.chingabai Bhimrao Madane
3. Smt.Ratnabai Balu Patil ..Respondents
Shri V.B.Rajure for Petitioners
Shri S.S.Shah for Respondent
CORAM:S.R.SATHE,J.
DATED:9th Jan. 2006
P.C.:-
. Heard both the learned Advocates. Perused the
record.
2. Rule, returnable forthwith.
3. It is very clear that amendment sought was
absolutely essential for just and proper decision of
the suit. Though there was some delay in filing the
application that was not sufficient to justify the
rejection of the application for amendment.
4. The order passed by the learned trial Judge is not
legal and correct. Hence the same is set aside and the
application for amendment filed by the plaintiff is
allowed.
5. Rule made absolute accordingly.
(S.R.SATEH,J.)
1 issue framed by the court
Whether the delay in filing the application for amendment of plaint was sufficient to justify its rejection.
2 provisions across 2 enactments
Smt. Sitabai Anna Mane
Shri Maruti Anna Mane
Smt. Shalan Anna Mane
Soul. Ningabai Balu Palage
Sou. Chingabai Bhimrao Madane
Smt. Ratnabai Balu Patil
S.R. Sathe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court