1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 4975 OF 2009 Manjunath s/o madhappa Pari .. PETITIONER VERSUS M.R. Traders .. RESPONDENT Mr. A.P. Bhandari, Advocate for the petitioner. Mr. P.F. Patni, Advocate for the respondent. ===== CORAM : R. M. BORDE, J. DATE : 7th APRIL, 2010 PER COURT : 1 An application tendered by the petitioner seeking amendment to the plaint at the stage of hearing of arguments in the matter, after completion of recording of evidence, came to be turned down by the trial court pm account of belated tendering of application. 2 Petitioner / original plaintiff instituted suit claiming recovery of amount of Rs.3,20,706.24 Ps. It is not necessary to go into the factual aspects. Suffice it to note that the plaintiff has pleaded about the books of accounts maintained by him in the plaint. In order to corroborate his case, as pleaded 2 in the plaint, the plaintiff has placed on record evidence in the form of Income tax returns, documents relating to trial balance and balance sheet. The relevant documents are placed on record and are exhibited by the court. Plaintiff apprehends that the documents placed on record during the course of trial may not be considered by the trial court for the reason that the facts relating to documents have not been pleaded in the plaint. It appears, due to such misconception plaintiff tendered application exh. 74 requesting the court to permit him to amend the plaint and plead about the documents which are already placed on record. Trial court, however, after considering the objections raised by the defendant, rejected the application. 3 I have perused the application as well as the impugned order passed by the trial court. In my opinion, the proposed amendment is not at all warranted in the facts and circumstances of the case. Plaintiff by virtue of proposed amendment wants to plead as regards the documents which are exhibited and placed on record. Plaintiff has pleaded about his entitlement to recover the amount as well as his case having been based on the entries recorded in books of accounts maintained by him. In order to corroborate the entries recorded in books of account plaintiff has lead evidence in the 3 form of documents, namely income tax returns and the other documents concerning recording of trial balance and balance sheet. According to the plaintiff, the documents placed on record are in the nature of corroborative piece of evidence which supports his case as pleaded in the plaint and as reflected from the books of accounts and other documents placed by him on record. Considering the case put up by the plaintiff, it would be immaterial to plead as regards the corroborative evidence. It is well established that the plaintiff has to plead the facts entitling him to secure relief, in the plaint and he is not supposed to plead about the proposed evidence which he intends to place on record. The submissions advanced are matters of argument requiring consideration by the trial court. The parties are free to raise their contentions before the trial court. Considering the facts and circumstances of the case, no interference is called for at this stage of the proceeding. The petition therefore stands dismissed summarily. 4 In view of dismissal of petition, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/wp4975.09.odt