The High Court dismissed a writ petition challenging an interlocutory order refusing amendment to a written statement. The Bench held no immediate interference was warranted and directed the petitioner to approach the Trial Court separately for production of documents.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Writ Petition No. 2298 of 2007
Sou.Sunita Mahendra Ranpise ..Petitioner
vs.
Shri Mahendra Janardan Ranpise ..Respondent.
Shri Rupesh Bobade for petitioner.
Shri U.B.Nighot for respondent.
CORAM: S.C.DHARMADHIARI J.
7th December, 2007
P.C.
1. The order under challenge is interlocutory
and, therefore, does not require interference at
this stage. If the petitioner is aggrieved by
the refusal of the Trial Court to permit
amendment to the written statement, she can
always make a grievance with regard thereto in
case the final order is adverse to her. While
challenging the final order even this aspect can
be highlighted.
2. That apart, nothing prevents her from making
an application to the Trial Court to bring on
record necessary and relevant documents
including the letter and such application, if
made, must be decided on its own merits and in
accordance with law so also uninfluenced by the
fact that amendment to the written statement is
refused. Petition is dismissed.
(S.C.DHARMADHIKARI J.)
2 issues framed by the court
Whether this interlocutory order regarding refusal of amendment to written statement requires immediate interference.
Whether the petitioner can approach the Trial Court for bringing documents on record separately.
Sou.Sunita Mahendra Ranpise
Shri Mahendra Janardan Ranpise
S.C.DHARMADHIARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court