1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 505 OF 2011 *** 1. Heard Advocate Mrs. P. V. Langhe for Petitioner/ plaintiff. The suit had already reached the stage of ex-parte judgment. At that stage, written statement of the other side was taken on record. That was on 23rd October, 2009. Issues were then framed on 3rd February, 2010 and thereafter on 3rd July, 2010 application under Order 6 Rule 17 C.P.Code was moved by petitioner/ plaintiff. The application has been rejected by trial Court after noticing that it was long after trial had started and the delay was not properly explained. 2. Learned counsel contends that controversy about starting point of trial is already referred to larger bench of this Court. The other contention is, after the written statement was filed, fact that respondent/ defendant has denied execution of 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. sale deed by his father in favour of present petitioner came to the knowledge of petitioner. 3. Filing of written statement and denial therein cannot be the cause for filing the amendment application. The written statement was taken on record on 23rd October, 2009 and then amendment has been sought on 3rd October, 2010. The matter had already reached the stage of judgment once. Facts which are within knowledge are sought to be incorporated. The trial Court has considered all relevant material on record. No case is made out for interference. Petition is rejected. However, petitioner/ plaintiff is given liberty to challenge that order after suit is finally decided, if occasion therefor arise. [B.P.DHARMADHIKARI, J.] Dated:31/01/2011. ans/505