FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO.1685 OF 2008 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : -----------------------------------:------------------------------------- Mr.P.D.Patel for the petitioner. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 18TH MARCH, 2008 DATED: 18TH MARCH, 2008 DATED: 18TH MARCH, 2008 P.C.: . Heard learned counsel for the petitioner. 2. This petition is directed against an order dated 4.12.2007 passed by the Division Bench of the Small Causes Court at Bombay rejecting interim notice No.1931 of 2006 in appeal No.212 of 1999 in R.A.E & R Suit No.2375 of 1977. The petitioner by taking out interim notice no.1931 of 2006 at the verge of disposal of the appeal sought to amend the written statement. It appears that at one point of time the appellate court had remanded the matter to the trial Court allowing the parties to bring the developments during pendency of the suit and the appeal on record and despite such opportunity being given no application seeking amendment, such as the one sought in the aforementioned interim notice, was made by the petitioner. The court below after considering the contentions urged by the learned counsel for the parties and the judgments relied upon by them has dealt with the application for amendment in proper perspective and in the concluding paragraph 8 of the order has made the following observations: "8. On close consideration of almost all factual aspect the way of progress of the matter in the trial court nature of evidence led in trial court, matter remanded to the trial court and evidence recorded towards slum, totally speaks about the development in between even during the pendency of the matter if any aspect is not included that too due to advise of Advocate at appropriate time then it has its own implication. Advocate, Advocate opted not to agitate it so once party through their advocate not agitated the point question comes up whether every time when advocate is changed the claim which is not taken up can be added ? Party has chosen a particular course, allowed it to continue for more then 25 years. Learned advocate for the respondent even referred to then plaintiffs cross in R.A.E.Suit No.2375 of 1977 and tried to demonstrate how there cross on repairs in the premises. Matter once remanded by this Court evidence is recorded in Trial Court and submitted to this Court. Under such circumstances, more particularly when other side has totally denied the contentions, it will not be legal and proper to allow such amendment." 3. Having considered the impugned order and the other material placed before me, in my opinion, no case for interference is made out by the petitioner. The writ petition is dismissed. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)