Bombay High Court

RAJKUMAR KISANCHAND JASWANIversusTHE PUNE MUNICIPAL CORPORATION THR. DEPUTY COMMISSIONER AND ORS

Decided: 2 July 2026
Disposal: Allowed
Bench: M S KARNIK S M MODAK

Holding

The court permitted the pre‑admission amendment to add the Revenue Department as a respondent.

Summary

In an interim application filed in Writ Petition No. 3307 of 2024, the petitioner sought relief concerning the procedural posture of the case. The High Court examined the petitioner's request to amend the pleadings before admission of the main petition. The court held that, being a pre‑admission amendment, the application could be entertained. Accordingly, the court allowed the amendment and directed the petitioner to add the Revenue Department through the Inspector General of Registration and Controller of Stamps as Respondent No.5. The amendment must be effected within two weeks, with service of the amended copy on the opposite side, and the respondent corporation waived notice for the newly added party.

Issues considered

Whether a pre‑admission amendment to add a new respondent is permissible under the Civil Procedure Code

Subjects

interim application
amendment
writ petition
civil procedure
pre‑admission amendment

Judgment

                                                              83-ia 13062-25.doc

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 13062 OF 2025
                                   IN
                     WRIT PETITION NO. 3307 OF 2024

Rajkumar Kisanchand Jaswani                                  … Petitioner
       Versus
The Pune Municipal Corporation & Ors.                        ... Respondents

                         __________________________

Mr. Ketan Dhavle for the Petitioner.
Mr. R. S. Khadapkar for Respondent Nos.1 to 3.
Mr. A. I. Patel, Addl GP a/w. Smt. T. N. Bhatia, AGP for the Respondent-
State.
                       __________________________

                                  CORAM        : M. S. KARNIK AND
                                                 S. M. MODAK, JJ.
                                  DATED        : 2nd JULY, 2026.

P.C. :

1.       Heard learned counsel for the petitioner, learned counsel for

Respondent-Corporation and learned AGP.

2.       For the reasons mentioned in the application, as this is pre-admission

amendment, the interim application is allowed and disposed of.

3.       In addition, on the submission made on behalf of the respondent-

Corporation the petitioner is directed to add ‘Revenue Department through

Inspector General of Registration and Controller of Stamps’ as respondent

No.5.

4.       Amendment to be carried out within a period of two weeks from

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                                                              83-ia 13062-25.doc

today. Amended copy be served on the other side.

5.     Liberty to file reply, if any, within a period of two weeks.

6.     Learned AGP waives notice for newly added respondent.




(S. M. MODAK, J.)                                           (M. S. KARNIK, J.)




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