The Single Judge dismissed the writ petition, holding that the Trial Court was justified in rejecting the application for amendment because the petitioner failed to demonstrate due diligence, as the trial had already commenced.
Writ petition dismissed with no interference warranted in the exercise of jurisdiction by the Trial Court.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6442 OF 2003
Shri Sunil Narayan Koli. ..Petitioner.
V/s.
Shri Prabhakar D. Patil & Anr. ..Respondents.
Mr.Nitin Mulye i/b. Girish Godbole for petitioner.
Mr.S.R.Singh for Respondent No.1.
CORAM: A.M.KHANWILKAR,J
DATE : MARCH 25, 2009.
P.C. :
1. Heard Counsel for the parties.
2. Even if the Petitioner is right in pointing
out that the Lower Court has observed that the
proposed pleadings are necessary to decide the
controversy, the fact remains that the Written
Statement in this case has been filed on 20th August,
2002 after coming into force of amended provisions of
CPC. However, the Application as filed, except
mentioning that the former advocate failed to record
the relevant fact now sought to be inserted by way of
amendment, does not state that the Petitioner had
taken due diligence and could not have raised the
matter before the commencement of the trial, now
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proposed to be inserted. It is not in dispute that
trial has already commenced as the Plaintiff has
filed examination in chief. In absence of due
diligence, in view of the mandatory provisions of
Rule 17 of Order 6, the Trial Court was justified in
rejecting the application for the proposed amendment.
No interference in exercise of writ jurisdiction is
warranted. Dismissed.
(A.M.KHANWILKAR,J)
1 issue framed by the court
Whether the High Court should interfere under writ jurisdiction when the lower court rejected an application for amendment of written statement on the ground of lack of due diligence in the circumstan
1 provisions across 1 enactments
Shri Sunil Narayan Koli
Shri Prabhakar D. Patil
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court