1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7020 OF 2011. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.G.N.Chincholkar, advocate for the petitioners. CORAM : S.V.GANGAPURWALA,J. Date : 20.09.2011. PER COURT : 1. Heard. 2. The petitioners are the original defendants. The Respondent No.1 plaintiff has filed a suit in which the original defendant No.1 filed his written statement and counter claim. During the pendency of the said suit, the present petitioners filed amendment in the counter claim in respect of the cause of action arisen in the year 2008. The said application is rejected. Aggrieved thereby, the present petition is filed. 3. Mr.Chincholkar, learned counsel for the petitioners strenuously contends that the petitioners have filed the application for amendment diligently. It was erroneous on the part of the trial 2 Court to reject the said application on the ground that it is filed belatedly. According to the learned counsel, the said amendment is necessary for the effective adjudication of the dispute between the parties. The same is relevant. The amendment in the written statement has to be liberally construed. 4. With the assistance of the learned counsel, I have perused the amendment application. Para 3 of the said application itself suggest that the cause of action in respect of which amendment is sought has arisen to them after filing the counter claim. The counter claim is filed along with the written statement. It is a trite law that counter claim can not be filed in respect of a cause of action which has arisen after filing of the written statement. 5. In view of the fact that the petitioners themselves have stated in the application for amendment that the amendment which is sought is in respect of a cause of action arisen to them after filing of the counter claim. Such amendment is not permissible. Hence, the Writ Petition being sans merit, is dismissed. No costs. (S.V.GANGAPURWALA,J.) Dt.20.09.2011. asp/office/wp702011 3