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Bombay High Court

INDUBAI DHONDU PATIL GARDE AND OTHERSversusKHUSHAL BARKU PATIL WAGH AND OTHERS

Disposal
DISPOSED OFF

Holding

The High Court quashed the trial court's orders rejecting the applications and allowed the petitioners to file a fresh application for a correct typed copy of the amended plaint and to seek recasting of issues.

Summary

The petitioners sought to amend their plaint in Civil Suit No.231 of 2019 and were granted leave by the trial court. After making handwritten amendments, they filed a typed copy (Exhibit-1/A) that contained discrepancies with the approved amendment. The trial court rejected their applications to submit a corrected typed copy and to recast issues, deeming the first application vague and the second premature. The petitioners appealed, arguing they should be allowed to file a detailed application specifying the errors and to seek recasting of issues. The High Court held that the trial court erred in rejecting the applications without giving the petitioners a chance to specify discrepancies, quashed the impugned orders, and permitted the petitioners to file a fresh application for a correct typed copy and to seek recasting of issues.

Issues considered

  • Whether the trial court erred in rejecting the petitioners' application to file a corrected typed copy of the amended plaint without specifying the discrepancies.
  • Whether the petitioners are entitled to be allowed to file a fresh application for a correct typed copy and to recast the issues.
  • Whether the orders passed by the trial court rejecting the applications can be quashed.

Subjects

  • amendment of plaint
  • typed copy discrepancy
  • civil procedure
  • writ petition
  • quash order
  • recasting issues

Judgment

2026:BHC-AUG:9906



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                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                   WRIT PETITION NO. 10355 OF 2024

                               Indubai Dhondu Patil Garde And Others
                                               VERSUS
                                 Khushal Barku Patil Wagh And Others
                                                   ...
                    Mr. S. H. Tripathi, Advocate for the Petitioners
                    Mr. M. K. Bhosale, Advocate for Respondent nos.1 to 4
                    Mr. S. N. Pawde, Advocate for Respondent no.5
                                                  …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 09TH MARCH, 2026
                    ORDER :-

                    .        An application below Exhibit-12 was filed by the present

                    petitioners/plaintiffs in the Regular Civil Suit No.231 of 2019

                    pending in the Court of learned 2 nd Joint Civil Judge, Senior

                    Division, Dhule. This Application was for seeking permission

                    to amend the pleadings as also the title clause in the plaint.

                    Vide order dated 05.10.2021, the learned Civil Judge allowed

                    the application and granted leave to the petitioners/plaintiffs

                    to carry out the amendments pursuant to the application.


                    2.       Mr.   S.   H.   Tripathi,       learned   Counsel   for   the

                    petitioners/plaintiffs would submit that accordingly the

                    amendments were carried out on the Exhibit-1 of the Civil

                    Suit.
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3.    Thereafter, a typed copy of the amended plaint also

came to be filed on the record, which was numbered as

Exhibit-1/A. The peculiar facts of the case are that there were

major discrepancies in the typed copy which is at Exhibit-1/A

and the amendment that was carried out by the plaintiffs in

handwriting on the Exhibit-1. It appears that neither the

plaintiffs nor the defendants even nor the learned Trial Court

noticed the discrepancies. In the course of time even the issues

were casted on the basis of Exhibit-1/A. Thereafter the

plaintiffs realized the mistake that the typed copy of the

amended plaint is not in conformity with the leave granted by

the learned Trial Court, as also the with the actual

amendment carried out by the petitioners on Exhibit-1. Hence,

the present applications below Exhibit 105 and 106 came to

be filed by the plaintiffs/petitioners before the learned Trial

Court.


4.    In the application at Exhibit 105, the plaintiffs merely

submitted that there are a number of mistakes in the typed

copy of the amended plaint, and in view of that the plaintiffs

have submitted a new corrected typed copy of amended
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plaint, which may be taken on record. Application at Exhibit-

106 was for recasting the issues in view of the correct

amended plaint. The defendant, at that time did not object the

application filed below Exhibit-105, but did object to the

application filed below Exhibit-106.


5.    The learned Trial Court on 03.08.2024 decided the

application on its own merits and was pleased to reject the

same by recording that the application at Exhibit-105 was as

vague as it could be. The learned Trial Court recorded that the

petitioners/plaintiffs had not mentioned what the discrepancy

was in the amendments carried out on the Exhibit-1 as also

those presented in Exhibit-1/A. The learned Trial Court while

concluding the order opined that the petitioners ought to have

filed a detailed application giving the specification of the

errors committed in Exhibit-1/A so as to give an appropriate

opportunity to the other side to respond to the same. As such

the application at Exhibit-105 came to be rejected by the

learned Trial Court.


6.    Consequent to the order passed on application at

Exhibit-105, the application at Exhibit 106 also came to be
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turned down by the learned Trial Court. The learned Trial

Court has rightly observed that the application Exhibit-106

was filed as if holding that the application below Exhibit-105

was allowed by the learned Trial Court. As such the rejection

of the application below Exhibit-106 occurred consequent to

rejection of the application below Exhibit-105.


7.    Mr. S. H. Tripathi, learned Counsel for the petitioners

would submit that the application below Exhibit-105 was

indeed falling deficit to the exact pleadings on the basis of

which the prayer in the application could have been made. He

therefore requests that in view of the opinion expressed by the

learned Trial Court, the petitioners be given an opportunity to

file an appropriate application for bringing on record a typed

copy of the correctly amended plaint in view of the

amendment carried out by the plaintiffs on Exhibit-1. He

would submit that the petitioners be also left at liberty to pray

for recasting the issues.


8.    Mr.    M.   K.   Bhosale,       learned   Counsel   for   the

respondents/defendants      would       vehemently    object    this

application and would alternatively submit that in the event if
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the petitioners file such application, the defendants be given

an opportunity to defend and respond the same.


9.    It is pertinent that amendment in fact is already allowed

by the learned Trial Court. Amendment was also carried out in

handwriting. The problem is with the typed copy of amended

plaint. If the typed copy of the amended plaint i.e. amended

Exhibit-1 is sought to be filed, it would be merely a formality

to be allowed by comparing the handwritten portion and the

typed version. Even otherwise, the addition of pleadings for

which amendment was not permitted, can not be considered

for any purpose.


10.   The record itself speaks that the main application below

Exhibit-105 was not objected by the defendants/respondents

in the trial. Yet, I have given an opportunity to the

respondents/defendants to be heard. In view of this, in my

considered opinion, the ends of justice could be achieved if

the impugned orders are quashed and set aside and liberty is

granted to the petitioners as prayed for to file fresh

application. As such, I pass following order:
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                                 ORDER

        a.       Writ Petition stands allowed.

        b.       Impugned order dated 03.08.2024 passed
        below Exhibit-105 and 106 by the learned 3 rd
        Joint Civil Judge, Senior Division, Dhule in
        Regular Civil Suit No.231 of 2019 are quashed
        and set aside.

        c.       The petitioners/plaintiffs may file a fresh
        application for presenting a correct typed copy of
        the amended plaint in conformity with the
        amendments made in Exhibit-1 in the suit.

        d.       The learned Civil Judge is requested to
        decide that application as early as possible or
        within two months from the date of filing of such
        application.

        e.       The petitioners are at liberty to file further
        application for recasting all issues depending
        upon the result of their application for filing fresh
        correct typed copy of amended Exhibit-1.

        f.       Writ    Petition    stands      disposed    of
        accordingly.



                                        ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026


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