Sou Rumavati Gagendra Adhavalkar Vs Rasika Alias Laxmibai Jagganath and Ors.

1 The order dated 1.11.2012 passed by the learned Joint Civil Judge, Junior Division, Barshi by which order the application for amendment of the Written Statement filed by the Defendant Nos.1 and 2 came to be allowed is taken exception to by way of the above Writ Petition.

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2 The Trial Court whilst allowing the said application Exhibit 19 accepted the case of the said Defendants that the facts which are sought to be incorporated by way of the amendment were already communicated to their earlier Advocate, however the same remained to be incorporated in the Plaint. The Trial Court in the light thereof was of the view that the party should not suffer for its Advocate and therefore

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came to a conclusion that the Defendants have satisfied the

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S.K.Talekar

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2/2 -

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912.wp.3866.2013.doc

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due diligence test and resultantly allowed the said application Exhibit 19.

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3 In my view, considering the reasons mentioned by the Trial Court, no exception could be taken to the impugned order.

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The Writ Petition is accordingly dismissed.

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However, it is clarified that the Plaintiff would be entitled to lead

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rebuttal evidence as regards the fact which is now allowed to be incorporated in the Written Statement.

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(R.M. SAVANT, J.)

Sou Rumavati Gagendra Adhavalkar v. Rasika Alias Laxmibai Jagganath and Ors.

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Sou Rumavati Gagendra Adhavalkar v. Rasika Alias Laxmibai Jagganath and Ors.

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