1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7188 OF 2007 Mr.Harishchandra D.Mhatre ...Petitioner. vs. Mr.Namdeo Dagdu Mhatre. ...Respondent. --- Mr.S.D.Patil, for Petitioner. CORAM: D.K.DESHMUKH, J. DATED: 11th JANUARY,2008. P.C.:- 1. By this petition, the petitioner challenges the order passed by the Trial Court rejecting his application for striking out paragraph (1) from the additional written statement filed by the defendant. The relevant facts are that the plaintiff was permitted to amend his plaint. After the amendment was carried out, in the plaint the defendant has filed his additional written statement. An objection 2 was raised that the additional written statement travels beyond the scope of the amendment in the plaint. That objection was rejected by order dated 19.12.2006 and the additional written statement was taken on record. Then an application was made that at least paragraph (1) of the additional written statement should be struck off. That application has been rejected by order dated 8.8.2007. The petitioner has challenged both those orders by this petition. 2. The net result of both the orders which are impugned in the petition is that the defendant is permitted to amend his written statement by raising an additional plea. Considering the settled law about the power of the Court to grant amendment in the pleadings, in my opinion, no exception can be taken to the Trial Court permitting the defendant to amend his pleadings by raising additional ground. Trial of the suit is yet to be commenced and therefore, in my opinion, the plaintiff has an ample opportunity to counter the defence that may be raised by the defendant. The petition is therefore,rejected. 3 ---