1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.1379 OF 2010 Sk.Mujiboddin M. Jamaloddin ..Petitioner V/s Ahmedbee Lal Mohammad ..Respondent ......... Mr.U.B. Bilolikar, Advocate for petitioner. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 9th June, 2010. PER COURT : 1. Heard counsel. 2. The petitioner is aggrieved by the order dated 25th January, 2010, whereby his application (Exhibit-80) in suit (R.C.S. No.172/2003) came to be rejected. The petitioner sought permission to lead further evidence. He had adduced his evidence in the suit. It appears that he had also filed counter claim besides his written statement. According to him, he had tendered evidence of rebuttal of the suit claim. He submitted that after the trial was over, he wanted to adduce independent and separate evidence in support of contentions in the counter claim. The learned Judge of the Trial Court held that such request can not be granted after the petitioner had filed purshis for closing his oral evidence. 2 3. The evidence of the party, who had filed the written statement as well as counter claim, can not be recorded in two separate parts. The written statement and the counter claim are integral part of the same pleadings. The party can not say that the evidence is adduced only in respect of rebuttal of the suit claim and that at subsequent stage the evidence in support of counter claim may be permitted. Such piecemeal process of adducing evidence is impermissible. Needless to say that the impugned order is quite proper and legal. Petition dismissed. No costs. (V.R.KINGAONKAR) JUDGE gas/wp1379.10