1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.4159 of 2009 (Haribhau R. Nimkarde v. Secretary, Gram Panchayat and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri R.L. Khapre, Advocate for Petitioner. Coram : R.C. Chavan, J. Dated : 16 th October, 2009 By this petition, the petitioner takes exception to the order passed by the learned Civil Judge, Junior Division, Motala, rejecting the petitioner’s application for amendment of plaint in a civil suit filed in the year 2003. This amendment application was filed in the year 2009. The learned counsel for the petitioner states that the petitioner’s affidavit in evidence, in which the necessary pleas have been taken, has not been objected to and, therefore, the petitioner does not wish to press the petition. In any case, it is an misapprehension of the petitioner that the plaintiff is required to file a pleading in answer to the written statement, which does not contain a counter- claim. The learned counsel for the petitioner’s 2 belief that in absence of such a reply to the written statement his client will not be able to tender evidence, may not be correct. The petition is disposed of as withdrawn. Judge. pdl