W.P.No.1358 of 2008. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No.1358 of 2008. [Bhimrao S/o Gulabrao Mankar] VS. [Sau. Dwarkabai Pralahd Sarode and one another] ----------------------------------------------------------------- Office Notes, Office Memoranda of Coram,appearances,Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri S. D. Chopde, Advocate for the petitioner. Coram: A. H. JOSHUI, J. Dated: 26th March 2008. 1. The plaintiff had filed the Civil Suit for partition, possession and mesne profits. It was opposed by filing Written Statement by the defendant. 2. It is seen that the suit was preceded by suit notice. It is not the plea of the defendant that in reply of the suit notice, plea of relinquishment rejecting deed was taken. Admittedly, this plea was later on incorporated by the defendants in para 5-A of the Written Statement. W.P.No.1358 of 2008. 2 3. While it is on record that the defendants submitted written statement before the plaintiff's evidence is commenced, however, the plaintiff has failed to amend the plaint in order to receive the contents of para 5A of the written statement. 4. Admittedly, after the plaintiff's evidence is over, and in the midst of the evidence of the defendant, application for amendment is filed which application is opposed by the defendants. 5. By order dated 12-2-2008 passed below Exh.62, the prayer for amendment is rejected which order is challenged in this petition. 6. It is seen from the amendment carried out in Written Statement that the suit for partition was being opposed relying upon the relinquishment. The amendment now sought to be done by the plaintiff is of the tenor that the plaintiff denies W.P.No.1358 of 2008. 3 free consent to the said relinquishment. The plaintiff is not bringing anything new. 7. In these premises, the Trial Court has allowed the application. The amendment is thus, seen to be necessary in the interest of justice. 8. The petition does not merit interference. It is dismissed. JUDGE Sbm