MP 1 WP578_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 578 OF 2011 Shri Mohammad Shabbir Mohammad Salim Choudhary ... Petitioner Versus Shri Mohammad Ishak Nebu Choudhary ... Respondent Mr. Sachin Gite for Petitioner. CORAM : B.R. GAVAI, J. THURSDAY, APRIL 28, 2011 P. C. : Inspite of being duly served with the notice for final disposal, none appears for respondent. 2. Rule. Rule made returnable forthwith. 3. By way of present petition, the petitioner challenges the order dated 30th August 2010 below exhibit-41 in Regular Civil Suit No. 446 of 2008 passed by the learned Joint Civil Judge, Junior Division, Nashik thereby rejecting the application filed by the present petitioner for permission to carry out the amendment, which was allowed by the learned Trial Court vide order below exhibit-18 4. It appears that vide application below exhibit-18, the petitioner had filed an application for amendment of the plaint. The said application was allowed on 13th February 2009. However, inadvertently the amendment could not be carried out insofar as paragraph 3A is concerned, and as such, the application in question came to be filed. It is, thus, clear that the learned Trial Court had allowed the application for MP 2 WP578_11 amendment on 13th February 2009. It appears that one paragraph remained to be inserted through the inadvertence of the Counsel. It is informed that only the issues are framed and the trial is yet to be commenced. In that view of the matter, no prejudice will be caused to the respondents. In any event, the same can be compensated by saddling costs. The respondents can very well amend the written statement or file additional written statement to meet the challenges sought to be raised by the paragraph, which would be incorporated in the pleadings. 5. In that view of the matter, rule is made absolute in terms of prayer clauses (a) and (b). However, the same shall be subject to costs which are quantified at Rs. 5000/-. 6. The learned Counsel appearing on behalf of the petitioner submits that the petitioner has already deposited the amount of Rs. 5000/- in the Trial Court. The respondent-defendant would be entitled to withdraw the same. (B.R. GAVAI, J)