1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Writ Petition No.1974 of 2008. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The defendant No.15 is the petitioner and had filed an application (Exh.85) in (Special Civil Suit No.59/2002) for amendment of his written statement. The amendment application came to be rejected for the reason that some of the admissions noticed in the written statement were sought to be withdrawn by way of amendment. The petitioner has already filed a separate suit. There is also counter claim filed in the same suit. It would suffice if the petitioner is granted liberty to explain the admissions in the written statement during the course of the evidence. The amendment application has been dismissed on the ground that it would cause change in the foundation of the defence taken by the petitioner. As stated before he has already filed a suit and may agitate all the questions in the given suit so as to bring true facts on record. Considering these aspects, the petition is dismissed. The petitioner is at liberty to explain the admissions during course of the evidence and highlight true facts. The learned trial Judge may try both the suits together if there is sufficiency of identity of the causes of action in both the suits. The observations in this order be not considered while deciding the suits on merits. (V.R.KINGAONKAR,J.) Dt.08.07.2009. asp/office/wp1974.08