SHYAMRAO DHONDI WAGHMARE Vs. JAYSNINGH SAKHARAM MOHITE

JUDGEMENT

(1.) This writ petition, under Article 227 of Constitution of India, takes exception to the order passed by the Civil Judge, J.D. Tasgaon dated 21st October, 1993 below Exh. 51 in Regular Civil Suit No.263 of 1984.

(2.) The short question which arises in the present writ petition is, whether the Court below was justified in refusing to extend the time for carrying out the amendment in the pleadings which was already granted by the Court on 28th August, 1985?

(3.) The Petitioners-plaintiffs filed application Exh.51 in the suit instituted by them in the year 1984, which is still pending in the trial Court, praying that the Petitioners be granted extension of time to carry out the necessary amendments in the plaint which were already granted by the Court on 28th August, 1985. However, this request has been rejected by the trial Court by the impugned order on the ground that the Petitioner had failed to show sufficient cause. According to the trial Court the grounds which were submitted across the Bar were not specifically raised in the application. This order is the subject matter of challenge in the present writ petition.