1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3106 OF 2011 (Hargovind Mohanji Tirpude vs. Kishor Ramraoji More) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri S.G. Pazare, Advocate for the petitioner. -------- CORAM : R.M. SAVANT, J. DATED : JULY 8, 2011 The above petition takes exception to the order dated 16/3/2011 passed by the 7 th Joint Civil Judge, Senior Division, Nagpur whereby the amendment application filed by the plaintiff in Special Civil Suit No. 760/2007 came to be allowed. The suit filed by the plaintiff, i.e. respondent herein is one for specific performance of contract. The agreement to sale in question in respect of which the application to amend the plaint has been filed, has been admitted by the defendant, i.e. petitioner herein. The plaintiff wanted to incorporate the subsequent events to the filing of the 2 suit. Considering the said aspects, the amendment application came to be allowed, inter alia, on the ground that the same would not cause any hardship to the defendant as well as the same would not change the nature of the suit. Considering the well settled principles applicable to the amendment of pleadings, in my view, the discretion exercised by the trial Court cannot be faulted with. No case for interference is made out. The writ petition is accordingly dismissed. However, it would be open for the petitioner, who is the defendant in the said suit, to file additional written statement to the amended plaint, if so advised. JUDGE khj