Nitin S/O. Hanumandas Agrawal vs Syed Amir Hussain S/O. Mazhar ...
2017 Latest Caselaw 1544 Bom

                                                  1              wp6268.15.odt

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR


                          WRIT PETITION NO. 6268 OF 2015


            Nitin Hamumandas Agrawal,
            aged 45 years, Occ. Cultivator,
            R/o. Chawalmandi, At PO. Achalpur,
            Tq. Achalpur, Distt. Amravati  ......                            PETITIONER

                                 ...VERSUS...

            Syed Amair Hussain s/o. Muzhar Hussain,
            aged 46 years, Occ. Cultivator,
            R/o. Tilak Nagar Ward, Kothi Bazar,
            At PO Baitul, Tq. & Distt
            Baitul (M.P.)......                               RESPONDENTS

 -------------------------------------------------------------------------------------------
 Smt. S.W.Deshpande , counsel for Petitioner.
 Shri J.B.Kasat, counsel for Respondent 
 -------------------------------------------------------------------------------------------
                          CORAM: R. K. DESHPANDE, J.

th DATE : 7 APRIL, 2017 .

ORAL JUDGMENT

1] Rule made returnable forthwith.

Heard the matter finally by consent of learned

counsels appearing for the parties.

2] Undisputedly, the application for amendment of

written statement was entertained and decided by the trial

2 wp6268.15.odt

Court after commencement of trial. It was, therefore,

necessary for the trial Court to have recorded the findings on

the aspect of due diligence as contemplated by proviso to

Order VI, Rule 17 of C.P.C. Since, no such finding is

recorded, the order passed, allowing the application for

amendment, is without jurisdiction. The same is, therefore,

liable to be quashed and set aside with liberty to the trial

Court to decide the application for amendment afresh.

3] In the result, the writ petition is allowed. The

order dated 07.09.2015 passed by the trial Court allowing the

application for amendment at Exh. 32 is hereby quashed and

set aside. The trial Court to decide the application at Exh.32

afresh after hearing all the parties concerned.

Rule is made absolute in above terms. No order

as to costs.

JUDGE

Rvjalit