This petition challenged the Trial Court's order allowing the amendment of the defendant's written statement in a suit for specific performance. The High Court held that the Trial Court exercised its discretion properly.
The Writ Petition is dismissed, upholding the Trial Court's order allowing the amendment of the written statement.
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.
wp-7935.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7935 OF 2012
Sakharam Krishna Kadam : Petitioner. Versus Dattatraya Ganpati More : Respondent.
Mr. P D Dalvi for the Petitioner.
CORAM : R. M. SAVANT, J. DATE : 23rd October 2012
P.C.
1 The order impugned is one allowing the application for
amendment of the written statement. It seems, the Plaintiff has amended the plaint twice, the last of such amendment was carried out in June 2011. The instant application for amendment of the written statement so as to incorporate Paras 7A and 7B was filed on 27/2/2012. The suit in question is for specific performance. The amendment sought by the application sets out the defence of the Defendant qua the amended plaint. Though there was a delay in filing the application, the same has been allowed by imposing costs on the Defendant which is credited to the Government.
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wp-7935.12
2 In my view, since the Trial Court has found fit to exercise discretion by allowing the application, the same need not be interfered with by this Court in its writ jurisdiction under Article 227 of the Constitution of India. The above Writ Petition is accordingly dismissed.
[R.M.SAVANT, J]
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2 issues framed by the court
Whether the High Court should interfere with the Trial Court's discretion to allow the amendment of the written statement under Article 227.
Whether the delay in filing the application for amendment of the written statement warrants interference in the writ jurisdiction.
Colour shows how this judgement treated each authority
Article 227 of the Constitution of IndiaReferred¶12
Sakharam Krishna Kadam
Dattatraya Ganpati More
R. M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
