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Bombay High Court

SMT. PRABHAVATIDEVI JANGBAHADUR SINGH AND ANRversusSHRI. RAMSEVAK MANEKRAJ SINGH DECD (DELETED) AND ANR

Decided
Disposal
Dismissed

Holding

The High Court held that there was no ground to interfere with the trial court’s order permitting amendment of the plaint.

Summary

The petitioners, who are the original defendants, filed a writ petition under Article 227 challenging the trial court's order permitting the plaintiff to amend the plaint during the cross‑examination stage. The amendment sought to add facts relating to events that occurred after the suit was filed, which the petitioners argued was untimely and intended to delay the possession suit. The High Court observed that the amendment was filed after the cross‑examination of the plaintiff’s first witness, but noted that the amendment did not prejudice the defendants as they could file an additional written statement. The Court found no valid reason to interfere with the trial court’s discretionary jurisdiction and dismissed the writ petition. It directed the defendants to file any additional written statement within six weeks and urged both parties to cooperate for early disposal of the suit.

Issues considered

  • Whether the trial court erred in allowing amendment of the plaint at the stage of cross‑examination.
  • Whether there is any ground for interference with the trial court’s order under Article 227 of the Constitution.

Subjects

  • amendment of plaint
  • Civil Procedure Code
  • Article 227
  • writ petition
  • possession suit
  • trial court discretion
  • delay tactics

Judgment

                                                                          36-wp-12508-2019.doc




           varsha
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                         WRIT PETITION NO. 12508 OF 2019


                     Smt. Prabhavatidevi Jangbahadur Singh and … Petitioners
                     Anr
                                   vs.
                     Shri    Ramsevak       Manekraj                  Singh … Respondents
                     Deceased(deleted) and Anr


                     Mr. Jitendra Damani for the Petitioners
                     Mr. Ashutosh Kaushik a/w. Ms. Laxmi Mishra i/b. Kaushik and Co.
                     for Respondent No.2/Orig. Plaintiff.


                                                      CORAM : GAURI GODSE, J.
                                                       DATED : 21st AUGUST 2026
        Digitally
        signed by
        VARSHA
VARSHA VIJAY
VIJAY   RAJGURU
RAJGURU Date:
        2026.08.21
        18:48:08
        +0530        ORDER:

                     1.        This writ petition is filed by the original defendants to

                     challenge the order passed by the trial court granting permission to

                     amend the plaint. The application for amendment was made on the

                     ground that during the pendency of the suit the plaintiff had applied

                     for probate and the particulars were sought to be added in the

                     plaint.

                     2.        Learned counsel for the petitioners submits that the


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                                                   36-wp-12508-2019.doc



application was filed after the cross examination of the first witness

of the plaintiffs was commenced. Hence, in the absence of any valid

reason for filing such an application after the commencement of

trial, the amendment could have been allowed. He therefore submits

that the impugned order would warrant interference by this Court.

3.      I have perused the papers. During the stage of cross-

examination of the plaintiffs’ witness, this application was filed. The

amendment sought to be added is regarding the event occurred

after filing of the suit. The suit is filed for possession. Hence, there is

no benefit to the plaintiffs by filing an application at the stage of trial

with an intention to delay the trial. So far as the defendants is

concerned, it is always open for the defendants to file an additional

written statement in response to the proposed amendment. The trial

court    has   considered    all   these     aspects   before    permitting

amendment to the plaint. No prejudice is caused to the defendants.

4.      In the facts and circumstances of the case and in view of the

reasons recorded in the impugned order, I do not find any ground to

exercise    discretionary jurisdiction under Article 227            of the

Constitution of India to interfere with the impugned order.

5.      The writ petition is dismissed.



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                                               36-wp-12508-2019.doc



6.    The petitioners i.e. the defendants, are at liberty to file the

additional written statement if not yet filed in response to the

amended plaint. The written statement, if any, shall be filed within

six weeks from today.

7.    The writ petition is dismissed.

8.    The suit is of 2007. Hence, the parties shall cooperate for

early disposal of the suit without seeking any unnecessary

adjournments.

                                                (GAURI GODSE, J.)




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