The High Court dismissed a writ petition challenging an order allowing amendment to a written statement in a specific performance suit. It held no case for interference existed and expedited the suit hearing.
Writ petition dismissed; Plaintiff entitled to amend plaint; hearing expedited.
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.
903 .wp.1810.13.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1810 OF 2013
..Petitioner
-Versus-
& Ors.
..Respondents
Mr.G.S.Godbole with Mr.Sandesh D. Patil, Advocate for the Petitioner.
Mr.R.S.Apte, Senior Advocate with Mr.Ashutosh R. Gole, Advocate for Respondent Nos.2 to 6.
CORAM : R.M. SAVANT, J. DATE : 9TH APRIL 2013
P.C.
1 The order dated 17.09.2012 allowing the amendment to the Written Statement passed on Exhibit 149 by the learned Civil Judge, Senior Division, Thane is taken exception to by way of the above Writ Petition.
2 The Suit in question which has been filed by the Petitioner/Plaintiff is one for specific performance of the Development Agreement. The amendment sought in the Written Statement filed by the Defendant is on the basis of the summons received by the Defendant in respect of Special Civil Suit No.394/2012 filed by one Bhupendra Ghisulal Borana, proprietor of one M/s. Jainam Developers against the Petitioner/Plaintiff
and the Defendant. The said summons were received sometime in July
S.K.Talekar
The Writ Petition is accordingly dismissed.
However, in view of the amendment which is allowed in the Written
Statement, the Plaintiff would be entitled to amend the Plaint commensurately. In the facts and circumstances of the case, the hearing of the Suit is expedited.
2 issues framed by the court
Whether the order allowing amendment to the written statement in a suit for specific performance requires interference by the High Court.
Whether the amendment which allows the quote passes from the respondent in the written statement.
Shyamsundar R. Agarwal
Gaurishankar Govardhandas Todi
R.M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
