In a petition against an order allowing amendment of a plaint in a suit for declaration of right of way and permanent injunction, the court allowed the amendment subject to deposit of costs of Rs. 3000 to avoid repetition of litigation, dismissing the petition.
Order allowing amendment allowed subject to deposit of costs of Rs. 3000.
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.
Digitally signed by IRESH IRESH SIDDHARAM SIDDHARAM MASHAL MASHAL Date: 2022.03.03 15:23:55+0530
910.2285.22 wp.doc
ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL WRIT PETITION NO. 2285 OF 2022
NARAYAN GENU YEOLE AND ANR ….PETITIONERS/ DEFENDANTS
V/s.
JANAK RAJARAM JOGDAND …..RESPONDENT/ PLAINTIFF
Mr. Sachin S. Punde Advocate for the Petitioners
CORAM : NITIN W. SAMBRE, J.
DATE: MARCH 2, 2022.
P.C.:
injunction being R.C.S. No. 111/2017, Application Exh. 59 moved by the Respondent-Plaintiff for amendment of the Plaint came to be allowed vide impugned order dated 17/01/2022. As such, this Petition by Defendants.
Defendants would urge that there is absence of due diligence on the
1/3
910.2285.22 wp.doc
part of the Respondent-Plaintiff as amendment is based on same cause of action for which the Suit is initiated i.e. of 2017. He would further claim that the amendment changes the nature of relief claimed. That being so, amendment ought not to have been granted.
2/3
910.2285.22 wp.doc
weeks from the date of production of this order. Petitioner-Defendant
shall be entitled withdraw the cost.
[NITIN W. SAMBRE, J.]
3/3
3 issues framed by the court
Whether amendment of plaint allowed is justified despite claims of lack of due diligence.
Whether amendment changes the nature of relief claimed.
Whether added claim is barred under Order II Rule 2 CPC.
1 provisions across 1 enactments
Narayan Genu Yeoale
Jaank Rajaram Jogdand
Nitinit W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
