1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2526 OF 2010 (Shri Kashirao Dajiba Parteti & Ors. vs. Shri Ramesh Goduji Parteti) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. SEPTEMBER 07, 2010. Heard Shri Shukla, learned counsel for the petitioners and Shri Bhangde, learned counsel for the respondent. By impugned order dated 07.10.2009, Civil Judge, Junior Division, Kalmeshwar, has not permitted the petitioners – defendants to carry out amendment in the written statement after noticing that the leave to carry out amendment was being sought belatedly and on account of incorrect reasons. Shri Shukla, learned counsel has argued that though in application, an incorrect statement was made, the fact that the mother of counsel expired on 30.07.2009 is not in dispute. The counsel did not feel it necessary to mention that before that also due to his mother he was not in a position to attend the Court regularly. Shri Bhangde, learned counsel has supported the impugned order. He points out that period of 14 days given statutorily to carry out the amendment 2 expired on 21.07.2009 and amendment was not carried out till that date. His contention is in writ jurisdiction this Court should not interfere. After hearing respective counsel, I do not find any malafides in not carrying out amendment. The difficulty expressed is of counsel and genuine one. Whether the counsel pleaded his inability to attend the Court before that death or not is not very relevant in such circumstances. I am, therefore, inclined to permit the petitioners – defendants to carry out amendment. For that purpose, the impugned order passed below Exh. 63 on 07.10.2009 is hereby quashed and set aside. However, same shall be subject to payment of cost of Rs.1,000/- by the petitioners to Taluqa Legal Aid Sub- Committee for Kalmeshwar by 24.09.2010. If the costs are so paid, the trial Court shall permit the petitioners – defendants to carry out necessary amendment by 28.09.2010 and shall thereafter proceed further with the trial of the suit in accordance with law. Writ Petition is disposed of. Rule is made absolute in above terms. JUDGE *GS.