1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 340 OF 2009 Dagdu s/o Limbaji Ghogre Petitioner Versus Munaf Nawab Ansari & others Respondents Mr. K.K. Kulkarni, advocate for the petitioner. Mr. S.T. Ghute, advocate for respondent no. 1. Respondent no. 2 dismissed vide order dt.24-9-2009 Respondent nos. 3 and 4 served. ===== CORAM: R.M.BORDE, J. DATE : 2nd December, 2009 PER COURT : 1 Respondent / original plaintiff tendered an application seeking amendment to the plaint which has been allowed by the trial court on 12-6-2008. Petitioner / original defendant raised objection to the impugned order on the ground that the proposed amendment is permitted after commencement of the trial of suit. 2 Suit presented by the plaintiff / respondent herein as initially presented was for seeking decree of perpetual injunction. Suit is presented in 2006 whereas application seeking amendment has been 2 tendered on 12th March, 2008. It is stated in the amendment application that the plaintiff has been dispossessed forcibly by the defendant on 1-10-2007 and as such, it has become necessary for him to claim relief in respect of recovery of possession. The cause of action arose, according to plaintiff, after commencement of trial which has necessitated presentation of application seeking amendment. As the cause of action has arisen after commencement of trial, it cannot be said that inspite of due diligence, the plaintiff has failed to present application for amendment before commencement of trial. Because of the reason that occurrence of cause of action itself is after commencement of trial, plaintiff was justified in presenting amendment application seeking relief in respect of recovery of possession. Learned counsel for the petitioner has brought to my notice judgment of the Apex court reported in 2009(1) All M.R. 471. However, the facts giving rise to the reported matter are totally different and as such, the ratio laid down is not applicable to the present case. For the reasons stated above, writ petition stands rejected. (R.M.BORDE) JUDGE ******* dyb/wp340.09.odt