1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 48. WP/7205/2010 (SUBHASH NAGESH JADHAV V/S NAGESH BALA JADHAV AND ORS. ) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE:22/10/2010 1. Counsel called, absent. Same position on earlier occasion. The plaintiff moved an application in terms of Order 6 Rule 17 of C.P.C. below Exh.41, rejection thereof, by order dt.3rd April, 2010, is questioned. 2. The learned Judge, while negating the submissions, has adverted to the legal position pronounced by the Hon'ble Apex Court reported in A.I.R. 2007 S.C. 806 wherein it is observed that once affidavit is filed under Order XVIII Rule 4 C.P.C. no amendment could be allowed. The challenge of cause of action which was sought to be altered, 2 could not be altered, could not be legally entertained. Writ petition lacks merit, dismissed. (K.U.CHANDIWAL) JUDGE ... AGP/7205-10wp