1 WP 8188.2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 8188 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.K.Chavan, Advocate for the petitioner. ..................................... CORAM : S.V.GANGAPURWALA, J. DATE : 19/10/2011 PER COURT : 1. Heard Mr. S.K.Chavan, the learned counsel for the petitioner. The learned counsel submits that the amendment sought by the present respondent in the plaint was in respect of legal issue, for which amendment was not necessary. The learned counsel contends that law need not be pleaded. Even the trial Court has come to the conclusion that the said amendment is not necessary. Still the trial Court has allowed the amendment. According to the learned counsel, by making an amendment in the Written Statement, right is not created in favour of the plaintiff to amend the plaint. 2. The amendment which has been incorporated is not 2 WP 8188.2011 prejudicial to the interest of the petitioner. The said amendment is only narration of the earlier Suit and the withdrawal thereof. To allow the amendment or not is the discretion of the Court. By the said amendment, the nature of the Suit is not being changed, but the only clarification of the earlier litigation is given. 3. In light of that, the Writ Petition being sans merit, is dismissed. No costs. [ S.V. GANGAPURWALA,J. ] KNP/WP WP 8188.2011