1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Writ Petition No.1677 of 2008 Rajesh Ramjilal Khandelwal, Aged about 46 years, Occupation : Service, R/o 5/1, LIG Colony, Vakilpeth, Nagpur. ... Petitioner Versus 1. Anil Brijmohan Tiwari, Aged about 39 years, Occupation : Business, R/o L/87, of 96 LIG Colony, Shantinagar, Nagpur. 2. Judge, Small Cause Court, Nagpur. (Deleted as per Court's Order dated 9-7-2008). ... Respondents Shri S.S. Sharma, Advocate for Petitioner. Shri A.A. Sambarey, Advocate for Respondent No.1. Respondent No.2 Deleted. CORAM : A.B. Chaudhari, J. DATE : 21st July, 2008 Oral Judgment : 1. Rule, returnable forthwith. Heard by consent of parties. 2. The order disallowing the additional affidavit sought to be filed 2 by the petitioner/defendant on the lines of the amended pleadings in the written statement, the amendment having been allowed, is under challenge in the present writ petition. 2. The learned counsel for the petitioner argued that the learned Trial Court has allowed the amendment and then there was no reason to disallow evidence on the same lines. According to him, the learned Trial Court's approach is not correct. 3. Per Contra, the learned counsel for the respondent, opposing the writ petition, argued that the trial having commenced the petitioner was not entitled to file additional evidence. 4. Having heard the learned counsel for the rival parties, I make the following order : 5. The writ petition is partly allowed. The impugned order is modified. The petitioner/defendant is allowed to lead evidence during his oral evidence in respect of the pleadings for which he wanted to file additional affidavit. The suit is expedited and the same shall be disposed of expeditiously and in any case within seven months from today. 6. The petition is disposed of accordingly. No costs. JUDGE Lanjewar