ZAINABBI MOHAMED BASHIR Vs. SHIVKUMAR BANKATLAL JAISWAL DIED

JUDGEMENT

(1.) The learned counsel for the petitioners / original plaintiffs submits that after the evidence led by both the parties and the Trial Court has heard the arguments finally, the respondents / original defendants have filed an application Exh.204 for carrying out amendment in the Written Statement. The learned counsel submits that the parties to the suit, first file the pleadings and then led the evidence in consonance with the said pleadings. In the instant case, the Trial Court in the impugned order has observed that the evidence is already led by the parties and in view of the same, the amendment as sought by the respondents / defendants is formal in nature.

(2.) The learned counsel for the petitioners / original plaintiffs in order to substantiate his contention placed his reliance on following case : Jayashree Subhash Kalbande and another Vs. Shri. Bhaurao Nagorao Derkar and others, reported in 2015(1) Bom. C. R. 403.

(3.) The learned counsel for the petitioners / original plaintiffs has not disputed that the petitioners / plaintiffs have subjected the defendants for cross-examination by referring the documents as referred in the proposed amendment.