1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition NO. 3973/2010 Anil N. Dasarwar Vs. Rambhau N. Dasarwar Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S. V. Sirpurkar, Advocate for the petitioner CORAM: B.P.DHARMADHIKARI, J. DATE : 30TH AUGUST, 2010. 1] Heard Advocate Sirpurkar for the petitioner. 2] The petitioner/defendant wanted to amend his written statement to incorporate plea of adverse possession. The reason put forth is inadvertently the amendment could not be effected earlier on account of lawyer's error. 3] Advocate Sirpurkar has contended that though the evidence of parties is over, as only plea of adverse possession needs to be placed on record, the parties need not lead any further evidence and proceedings are not delayed. He states that if the amendment is not allowed irreparable loss will be caused to the petitioner for no fault on his part. 4] The facts clearly show that even after completion of evidence of the plaintiff's such application was not 2 moved. The petitioner/defendant has completed his evidence and after that when the matter could have been listed for final arguments, the amendment is sought. 5] Looking to the nature of amendment, it cannot be said that no additional evidence is required. Perusal of reply filed by the respondent/plaintiff before the Trial Court clearly shows that various debatable issues arise in case if such amendment is allowed. Hence, I do not find any jurisdictional error or perversity in the approach of the trial Court. 6] With liberty to the petitioner to challenge the said order, after the suit is finally decided, if occasion thereof is arises, present writ petition is disposed of. JUDGE Ambulkar.