Dismissed¶15
Shriganesh Alias Vinod Uttareshwar Warad v. Vijaya Alias Annapurna Gururaj Thote and Others
Civil Procedure Code – Order VI Rule 17 – Amendment of written statement
Bombay HCWP/2453/2026
Case brief
AI extract
What is this about?
Bombay High Court, Aurangabad Bench (S.G. Chapalgaonkar, J., March 09, 2026), Writ Petition No.2453 of 2026 — Shriganesh Alias Vinod Uttareshwar Warad v. Vijaya Alias Annapurna Gururaj Thote — amendment of written statement after commencement of trial and recording of defendant's evidence; new plea of collusion between plaintiff and defendant no.1; due diligence requirement of proviso to Order VI Rule 17 CPC; rejection of Exhibit-80 application upheld; no interference under Article 227; writ petition dismissed.
What did the court decide?
A defendant who seeks, after recording of his evidence, to amend the written statement and incorporate a new defence cannot be permitted to do so in law. ¶14