1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 61 OF 2009. Ntthu N. Bhujwa (Gupta) (dead) thr. L. Rs. Vs. Mohit Mahadeo Dalal & Another ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Shri C. S. Kaptan Adv. for petitioner. Shri Talmale Adv. for respondents CORAM: C. L. PANGARKAR J. DATED: 22 nd JUNE, 2009. This Writ Petition has been preferred against the order passed by the learned Civil Judge, Senior Division whereby he rejected the application under Order 6 Rule 17 Civil Procedure Code. Defendants sought an amendment of the Written Statement contending that area of the plot is not 91.07 but it is 86.1. Defendants also sought to contend that the wall in between the houses of the 2 plaintiff and defendants was a common wall. Learned Judge of the trial Court found that initially defendants had contended that the wall exclusively belongs to them and the amendment that is sought to be made by the defendants is belated. There cannot be any doubt that amendment is totally belated. Once a plea was raised that the wall was exclusively belonging to the defendants there was no reason for the defendants in fact to resile from such plea already taken. Learned Judge has rightly considered that aspect and further observed that party has no right to amend the plea, according to evidence lead in the case. What the party is supposed to do is to plead the case first and then prove it. In view of this learned Judge committed no mistake in rejecting the application. There is no substance in the petition, it is dismissed in limine. JUDGE svk