1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3076 OF 2010 (Smt. Kamalabai K. Dongare vs. Shri Dhanraj K. Khadase) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. AUGUST 05, 2010. Heard finally Shri Tiwari, learned counsel for the petitioner - defendant and Shri Ghurde, learned counsel for the respondent – plaintiff. The consequential amendment in written statement was moved after lapse of about one year, when cross examination of respondent – plaintiff was to begin. Merely because it is moved belatedly, the application has been rejected. Shri Tiwari, learned counsel contends that consequential nature of amendment sought, is not in dispute and the cross is yet to begin. Hence, mere delay could not have been fatal in such matters. Shri Ghurde, learned counsel contends that the consequential amendment is being introduced after about one year and the denial therein can be put to respondent – plaintiff in his cross examination. According to him, for that, amendment is not necessary. The record shows that the proposed amendment in plaint was allowed and thereafter there 2 was no consequential amendment. Consequential amendment has been sought only after examination-in- chief of the respondent – plaintiff was over. The assertions made by adding amendment in plaint are sought to be denied by the petitioner – defendant. In this situation, I find that no prejudice is caused to the respondent – plaintiff in any way. Merely because the amendment has been sought belatedly, it could not have been rejected. The impugned order dated 03.04.2010 passed below Exh. 56 is, therefore, quashed and set aside. The petitioner – defendant is permitted to amend his written statement by adding para 5A to it. The trial Court may permit the respondent – plaintiff to lead additional examination-in-chief, if he so desires and shall then permit him to be cross examined. Writ Petition is disposed of. Rule accordingly. No order as to costs. JUDGE *GS.