The High Court dismissed a writ petition challenging the rejection of an amendment application in Regular Civil Suit No.50 of 2012. The Trial Court held the proposed amendment was unnecessary for adjudication. Upholding the Trial Court, the Supreme Court declined to interfere.
The Writ Petition was dismissed.
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-6702-14-(30)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6702 OF 2014
Shrikurshna Bhalchandra Kulkarni Vs. The Chairman Shikshan Prasarak Mandal Kurundwad & Anr.
..Petitioner
..Respondents
Mr. Amit Shete for the Petitioner
CORAM : R. M. SAVANT, J. DATE : 17th OCTOBER, 2015
P.C.
1 The Writ Jurisdiction of this court is invoked against the order dated 31-12-2013 passed by the Learned Joint Civil Judge Junior Division, Kurundwad, Kolhapur, by which order the application Exhibit 168 for amendment of the plaint came to be rejected.
2 The Suit in question being Regular Civil Suit No.50 of 2012 has been filed by the Plaintiffs amongst whom is the Petitioner for cancellation of the Sale Deed No.804 dated 16-4-2008 and for perpetual injunction for restraining the Defendants not to evict the Plaintiffs from the suit property and not to sell the suit property to third person except the Plaintiffs. By way of the amendment sought vide Exhibit 168, the Plaintiffs sought to incorporate paragraph Nos. 6A, 6B, 9A, 9B and 9C so as to bring the subsequent facts on record.
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3 The Trial Court having regard to the reliefs sought in the Suit was of the view that the amendment sought to bring the subsequent facts on record are not necessary to determine the real issue in controversy between the parties in the Suit.
4 Since the Trial Court has deemed it appropriate to reject the amendment application on the ground that the same are not necessary for adjudication of the Suit in question, this court does not deem it appropriate to interfere with the impugned order passed by the Trial Court. The 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 rejection of the amendment application in the underlying suit.
Whether the amendment sought by the Plaintiffs was necessary to determine the real issue between the parties.
1 provisions across 1 enactments
Shrikurshna Bhalchandra Kulkarni
The Chairman Shikshan Prasarak Mandal Kurundwad
Anr
R. M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
