Shree Ganesh Housing Agency vs Udaram Laxman Divekar

R.K. Deshpande, J.(Oral)—The challenge is to the order dated 12.08.2014 passed below Exh.32 in Regular Civil Suit No. 168 of 2012, rejecting the application for amendment of written statement. According to the petitioners, the words of denial of certain averments made in the plaint remained to be incorporated in the written statement and that being formal in nature, keeping in view the entire tenor of the written statement, the Court should have allowed it.

Notices were issued by this Court on 24.11.2014 as well as on 01.04.2016. All the parties are served. No one appears for respondent no.1, the original plaintiff, in spite of service of notice.

Rule made returnable forthwith.

Heard by consent of the learned counsels appearing for the parties.

After going through the averments made in the written statement as well as the claim made in the application for amendment, it seems that the inadvertent omissions are required to be corrected and for that purpose the amendment was proposed. The Court should have allowed that amendment, keeping in view the tone and tenor of the written statement filed by the petitioners. The order, therefore, cannot be sustained.

In the result, the writ petition is allowed. The order dated 12.08.2014, passed below Exh. 32 in Regular Civil Suit No. 168/2012 is hereby quashed and set aside. The application Exh.32 is allowed.

Necessary amendment be carried out within a period of two weeks from the date of first appearance of the parties before the trial Court.

The parties to appear before the trial Court on 07.09.2016.

Rule is made absolute in above terms. No orders as to costs.