1 wp 7677.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7677 OF 2011 Prabhakar Sahebrao Nagare .. Petitioner Versus Sampat Jaywantrao Nagare and others .. Respondents Shri D. J. Choudhari, Advocate for the Petitioner. CORAM : S. V. GANGAPURWALA, J. DATE : 04TH OCTOBER, 2011. PER COURT : . The present petitioner is the original defendant No. 3. The present respondent No. 1/original plaintiff has filed an application for injunction in the suit. The Court had passed an order of injunction in favour of the plaintiff. Thereafter, the plaintiff filed an application U/O 39 Rule 2-A for disobedience of the orders passed by the Court. During the pendency of said application, the plaintiff moved an application for amendment in the said application. By way of an amendment the plaintiff sought to incorporate the transaction of mortgage effected by the present petitioner of the suit property. The said application is 2 wp 7677.11 allowed. Aggrieved thereby present petition is filed. 2. Shri Choudhari, the learned counsel for the petitioner submits that an application U/O 39 Rule 2-A does not amount to a pleading and so provisions of order 6 Rule 17 would not be applicable. As per Order 6 Rule 17 the pleading is either plaint or written statement. The application could not have been entertained by the Trial Court, inter alia the said amendment could not have been allowed. 3. No doubt, the pleading in strict sence would include only the plaint and written statement and the miscellaneous application such as an application U/O 39 Rule 2-A would not be included within the meaning of pleading. 4. Section 141 of the Code of Civil Procedure lays down that the procedure provided in this Code in regard to the suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction. The term miscellaneous proceedings is having wider connotation. Even proceedings U/O 39 Rule 2-A would be covered under miscellaneous proceedings. Even otherwise if no provision is applicable, the Court can 3 wp 7677.11 always invoke the powers U/Sec. 151 of the Code of Civil Procedure. Only transaction was brought on record by way of amendment. In the light of above, the impugned order needs no interference. The writ petition is dismissed, however, with no order as to costs. [ S. V. GANGAPURWALA, J. ] bsb/Oct. 11