FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS WP/235/2010 RAJENDRA V/S NAJUKABAI 1. Heard learned counsel for the petitioner (original defendant No.2). Copy of RCS No.362 of 2001 is on record at Exhibit "A". It is a suit for declaration of ownership and possession of the property. 2. Learned counsel for the petitioner submits that respondent (plaintiff) earlier had made a specific pleading. He points out paragraph No.4 from the plaint. Suit, according to him, has now proceeded far ahead. Evidence of the parties has been led i.e. trial has commenced. At this stage, on behalf of the plaintiff, an application is filed seeking amendment on 4.4.2007. The trial Court, after hearing the parties, allowed the application on 6.7.2007. Said order is questioned in the present writ petition. 3. Suit, indisputably, is of 2001. It was filed before coming into force the amended Order VI Rule 17 of CPC with effect from 1.7.2002. In view of unamended provision of Order VI Rule 17, even inconsistent pleas were permissible. Commencement of the trial is the phrase / expression used in the amended Order VI Rule 17 of CPC which was not there prior to amendment. We have no concern with the commencement of trial. The test would be final adjudication of the dispute between the parties. 4. I have gone through the impugned order. FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS In my view, it can be said to be a perverse order and needs to be quashed and set aside. 5. In the result, writ petition stands dismissed in limine. However, it is made that the petitioner, after carrying out the amendment, if so desires, may file his additional written statement in response to the amended pleadings. No order as to costs. Dt.2.2.2010 (S.B.DESHMUKH, J.) akl