A writ petition challenging the trial court's rejection of an amendment application filed after evidence was closed. The High Court dismissed the writ petition, holding that the amendment was not necessary and interfered with the trial court's discretion at a late stage.
No order as to costs.
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 wp 1743.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 1743 OF 2013
Shreeram Developers Through Its Partners .. Petitioners
Versus
The Dhule Municipal Corporation and others .. Respondents
Shri Pawan B. Pawar, Advocate for Petitioners.
CORAM : S. V. GANGAPURWALA, J. DATE : 05TH MARCH, 2013.
PER COURT :
. The petitioners/plaintiffs have filed a suit for compensation. The respondents/defendants resisted the suit by filing written statement. The issues were framed. Pursuant thereto the plaintiffs and defendants have adduced their evidence. Both the parties have closed their evidence. The matter was kept for final arguments. At that stage, the present petitioners/plaintiffs filed an application for amendment. By virtue of said amendment tried to incorporate the pleading that
2 wp 1743.13
the Municipal Corporation did not furnish any information and documents in their custody at the time of filing of the suit and even thereafter for long time the details regarding the facts as to the land in dispute, its status as to whether in fact it is reserved land, need to be pleaded. The Court rejected the said application. Aggrieved thereby present petition.
3 wp 1743.13
[ S. V. GANGAPURWALA, J. ]
bsb/March 13
2 issues framed by the court
Whether the High Court should intervene under Article 227 to allow an amendment when filed after evidence has been closed.
Whether the proposed amendment changes the nature of the suit or claims additional relief.
Colour shows how this judgement treated each authority
Rameshkumar Agarwal Vs. Rajmala Exports Pvt. Ltd. and othersReferred¶13
2012(5) SCC 337 · Who else cites this
Surender Kumar Sharma Vs. Makhan SinghReferred¶13
2009(10) SCC 626 · Who else cites this
Shreeram Developers Through Its Partners
The Dhule Municipal Corporation
S. V. GANGAPURWALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
