Gajrat Suppadsing Bamhnavat Died through Lrs Aruna Gajrat Mamhnavat and Others v. Suppadsing Tanhasing Bamhnavat and Others
Amendment of plaint – Order VI Rule 17 – due diligence
Case brief
What is this about?
Writ Petition No. 2800 of 2022, High Court of Bombay, Aurangabad Bench, R. M. Joshi, J., decided 03.01.2025. Challenge by plaintiff to trial Court order rejecting Exhibit 62 amendment application under Order VI Rule 17 in a partition suit; amendment sought to add Aurangabad property claimed ancestral and omitted for want of knowledge; rejection rested on commencement of trial, partial cross-examination and plaintiff's admission that existing suit properties were self-acquired of Suppadsing; held: partition suit not maintainable without all ancestral properties; merits of amendment not open at amendment stage; order set aside, amendment allowed subject to Rs. 2,000/- costs to defendants; respondents absent and unrepresented.
What did the court decide?
Writ petition allowed: impugned order of rejection set aside; application Exhibit 62 for amendment of the plaint stands allowed, subject to costs of Rs. 2,000/- payable by the petitioner/plaintiff to the defendants.