1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR L. P. A. NO. 375 OF 2011 IN WRIT PETITION NO. 702 OF 2011 Rampratap Girdharilal Agrawal & Ors. -: VERSUS :- Radhakishan Girdharilal Agrawal & Ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri Mahajan Adv for appellant-petitioner. CORAM : B.P. DHARMADHIKARI & P. D. KODE JJ. DATED : DECEMBER 09, 2011. The appellant-defendant had carried out four amendments to his Written Statement and his fifth amendment was allowed by trial Court. Area pleaded in counter claim as 50 X 90 = 4500 sq. ft. was sought to be substituted by 11000 sq. ft.. The suit as filed is for declaration and possession of 227 sq. ft. which according to plaintiff was leased out. The amendment was allowed by trial Court and learned Single Judge has found that though amended provisions of Civil Procedure Code were not applicable, it was necessary for defendant to show due diligence. The learned Single Judge therefore has 2 allowed the petition. Shri Mahajan learned counsel contends that while matter was being prepared for cross examination the need to point out correct area in counter claim surfaced and hence amendment application was moved. He further states that earlier there was change of counsel on 3 to 4 occasions and hence different amendment applications were moved. We find that learned Single Judge has looked into all relevant aspects and thereafter has allowed Writ Petition. We do not see any jurisdictional error or perversity in the matter. Letters Patent Appeal is therefore rejected. JUDGE JUDGE SVK