1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3799 OF 2008 (Damodhar Ramdas Sakhare vs. Shri Dhanurdhar Watuji Kotangale ) 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. OCTOBER 17, 2008. Heard finally Shri Pillai, learned counsel for the petitioner and Shri Khobragade, learned counsel for the respondent. By order dated 17.3.2008, 6th Joint Civil Judge, Senior Division, Nagpur, has disbelieved the story sought to be introduced by amendment and therefore, has rejected the amendment. It is obvious that he has considered the merits of the proposed story. It is settled law that merits of the amendment cannot be gone into while considering the plea sought to be added. The learned counsel for the respondent is seeking time to file reply but in present facts, it is apparent that there is nothing to file reply. Shri Khobragade, learned counsel has also pointed out that the Court below has found that the facts were suppressed by the present petitioner / plaintiff. The said observation is again because of 2 scrutiny of the story sought to be added. The impugned order is, therefore, unsustainable. The same is quashed and set aside. The petitioner / plaintiff to carry out amendment in his plaint as proposed, by 11.11.2008. The respondent / defendant is at liberty to carry out consequential amendment thereafter. It is made clear that this Court has not observed anything about the correctness or otherwise of the story sought to be introduced by the petitioner/ plaintiff and it is open to the respondent to raise all available pleas in accordance with law to oppose the amended pleadings. Writ Petition is disposed of. Rule accordingly. No order as to costs. JUDGE *GS.