:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 7651 OF 2008 PETITION NO. 7651 OF 2008 PETITION NO. 7651 OF 2008 Shri Godbole Shriram Vasudeo. ... Petitioner. V/s. Shri Joshi Hemant Narayan & Ors. ... Respondents. Mr. K.K. Malpathak for the Petitioner. Mr. Kunal Chima i/b. Yadunath Chaudhari for Respondent 1. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 21ST 21ST 21ST APRIL 2009. APRIL 2009. APRIL 2009. P.C. P.C. P.C. : : : . This is a Petition to challenge the order striking off an additional Written Statement filed by the Petitioner in Special Civil Suit No.1452 of 2006. it is not disputed that the plaint was amended and thereafter, the plaint was returned for presentation to the Court of Civil Judge, Senior Division. However, the impugned order is passed under an erroneous assumption that the additional written statement was filed in the Suit without any permission from the said Court, that the Written Statement could not be taken on and read in the proceedings when they are transferred to the Senior Division. Be that as it may, the written statement remained on record of the Suit. There is no question of seeking any leave when the written statement is in the record of the Suit. The order under challenge does not indicate as to why the additional written statement which :2: is already on record should be struck off. The entire basis of the order is fallacious and contrary to the settled principles and more particularly, the right contemplated in law to defend any proceeding or a Suit. 2. In the result, the Petition succeeds. The order under challenge dated 16th August 2008 passed (below Exhibit 1) in Special Civil Suit No.1452 of 2006 is set aside. The amended written statement should be treated as part of the records and proceedings. The Suit will now proceed in accordance with law. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)