1506wp2685.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.2685 OF 2011 Mohammad Raza Hasen Sufi Abdul Aziz Durrani ..vs.. Mohammad Abdul Rafiq Mohammad Ab.Rauf and anr. ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr. C.V.Kale, Adv.for the petitioner. CORAM : R.M.SAVANT, J. DATED : 15th June, 2011. The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 21/04/2011 passed by the learned 5th Jt.Civil Judge (Sr.Dn.), Nagpur, by which order the application (Exh.115) for amendment of the written statement filed by the defendant no.1 so as to incorporate his counter claim came to be rejected. It is required to be noted that the written statement has been filed by the defendant no.1 as long back as on 19/4/2005. The defendant by way of the counter claim is seeking a relief relying upon the gift (Hiba) made by the defendant no.2 on 13/4/2005. The gift i.e. Hiba was therefore already in existence on 13/4/2005 and the written statement was filed on 19/4/2005. There was therefore no reason for the defendant not to incorporate the said counter claim in the written statement at the said time. The Trial Court, apart from considering the said fact has also considered that since it 1506wp2685.11.odt 2 is the case of the defendant no.1 that he is in possession of the suit property through defendant no.2 the amendment application was not necessary. In my view, the reasons given by the Trial Court cannot be faulted with. In that view of the matter, no case for interference is made out. The writ petition is accordingly dismissed. JUDGE chute