✦ Bombay High Court · 12 Apr 2007

Civil Petition No. 902 of 2007 · Bombay High Court

Civil Petition No. 902 of 2007ABHAY S OKA

Case at a glance

Decided
12 Apr 2007
Bench
ABHAY S OKA

Provisions considered

Key paragraphs

  • Para 33. In view of this position, Writ Petition is not entertained. Subject to what is stated above, Writ Petition is rejected. All contentions of the parties on merits are kept open. JUDGE JUDGE JUDGE

Judgment

Shri I.M.Khairdi for the Petitioner. Shri V.B.Rajure for the Respondent No.3. CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. CORAM : ABHAY S.OKA, J. CORAM : APRIL 12, 2007. DATED : APRIL 12, 2007. DATED : APRIL 12, 2007. DATED P.C.: P.C.: P.C.:

1.

Heard learned Advocates appearing for the parties. By this Petition under Article 227 of the Constitution of India, the petitioner has taken exception to order dated 22nd January, 2007 passed by the trial Court. By the said order, an application for amendment of the plaint made by the Petitioner has been rejected. The Application for amendment has been made by the Petitioner at a stage when final arguments in the suit were being advanced.

2.

Considering the nature of the proposed amendment, as of today, no interference can be made with the impugned order. In case the decree passed ... 2 ... in the suit is adverse to the Petitioner, the order impugned can be always challenged by the Petitioner while preferring an appeal against the decree.

3.

In view of this position, Writ Petition is not entertained. Subject to what is stated above, Writ Petition is rejected. All contentions of the parties on merits are kept open. JUDGE JUDGE JUDGE

Questions this judgment answers

Which statutory provisions did this judgment involve?

Constitution of India — art. 227.

Which court decided this case, and when?

Bombay High Court, on 12 Apr 2007. The bench was ABHAY S OKA.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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