1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11279 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 11279 OF 2010 *** 1. Heard Advocate Shri Patnoorkar holding for Advocate Shri U. B. Bondar for petitioner/ plaintiff and Advocate Shri D. R. Jaybhay for the Respondent. 2. Advocate for Petitioner states that there is no provision in Civil Procedure Code which permits respondent to withdraw written statement already filed and to substitute it by a new written statement. He further states that it was obligatory for respondent to file three separate applications to seek discharge of her earlier Advocate, to seek engagement of another counsel for her through Court and for amendment of written statement. According to him, for these grounds the impugned order passed at Exhibit-21 by Civil Judge, Senior Division, Osmanabad is unsustainable. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11279 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 3. Shri Jaybhay has contended that the earlier Advocate engaged by Respondent/ defendant did not cooperate with her and, therefore, the application was moved and leave to file separate or different written statement was sought. He, therefore, supports the impugned order. 4. Perusal of impugned order reveals that trial Court has applied analogy of Order VI Rule 17 C.P.Code while deciding application moved before it vide Exhibit-21. It has, in paragraph 5, found that evidence had yet not started and issues were also not framed. It has referred to circumstances and after considering entire material was pleased to allow application. Because of such order, earlier Advocate has been discharged and Respondent/ defendant has been permitted to file new written statement. Earlier written statement filed is removed from record. Though there is no express provision 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11279 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. permitting withdrawal of one written statement or its substitution by another, provisions of Order VI Rule 17 C.P.Code permit Respondent/ defendant to seek amendment to written statement and in the process she could have sought deletion of offending portion and could have substituted it in accordance with her story or defence in the matter. Thus, permission given to file new written statement by itself does not cause any prejudice to the petitioner. 5. Shri Patnoorkar has pointed out that the Respondent/ defendant has after filing his written statement come in influence of certain persons/ relatives and, therefore, this change in stand has occurred. He states that the lady has received earnest money and she has executed agreement for sale. This stand is not lost to the petitioner/ plaintiff and it is open to him to reiterate it or to introduce it by filing appropriate 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11279 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. application seeking leave to amend his plaint in case occasion therefor arises. 6. I find that looking to the exceptional nature of application filed before it and the facts, the trial Court has exercised discretion available to it, in accordance with law. There is no jurisdictional error or perversity. Petition is, therefore, rejected. No costs. [B.P.DHARMADHIKARI, J.] Dated:09/02/2011. ans/11279