The High Court disposed of a writ petition challenging a trial court's order dismissing an application to amend the written statement due to lack of diligence. The court found no jurisdictional error or perversity.
Writ petition dismissed with liberty to challenge the impugned order after final disposal of the suit.
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.
1
FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD.
Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders.
Court’s or Judge’s orders.
WRIT PETITION NO.: 161 OF 2011
***
1.After remand by Appellate Court
petitioner defendant sought leave to amend
his written statement. Trial Court found
that application was not moved with
diligence. In the circumstances, I do not
find any jurisdictional error or perversity.
2.With liberty to the petitioner to
challenge the order of trial Court, after
suit is finally decided, writ petition is
disposed of.
[B.P.DHARMADHIKARI, J.]
Dated:12/01/2011.
ans/161
1 issue framed by the court
Whether the denial of leave to amend the written statement due to lack of diligence warrants writ interference finding jurisdictional error or perversity?
Petitioner Defendant
B.P.DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court