MRS. MANDABAI REVANNATH GADE YEOLE AKHADA Vs. MRS. ALKA NAMDEO KADU DIED-THROUGH HEIRS (NAMDEDO RAMCHANDRA KADU, SHARAD NAMDEO KADU, SATISH NAMDEO KADU AND MRS. DEEPALI SHANTARAM CHAVAN) AND RAHURI MUNICIPAL COUNCIL, THROUGH CHIEF OFFICER

JUDGEMENT

(1.) RULE . Rule made returnable forthwith with the consent of the parties and heard. This writ petition takes exception to the order dated 23rd July, 2013 passed by the District Court -5, Ahmednagar below application Exh. 61 in Regular Civil Appeal No. 445 of 2011.

(2.) THE Petitioner herein is he original plaintiff and the Respondent Nos. 1 and 2 are the original defendants in Regular Civil Suit No. 179 of 2009 which is decided by the Civil Judge, Junior Division, Rahuri, District Ahmednagar by the judgment and order dated 21st October, 2011. Being aggrieved by the said judgment and order, the respondents herein filed Regular Civil Appeal No. 445 of 2011 before the District Court Ahmednagar. In the said Regular Civil Appeal, the Respondents herein filed an application Exh. 61 for amendment of written statement. By the impugned order dated 23rd July, 2013 the said application for amendment of the written statement has been allowed subject to costs of Rs. 2000/ - to be paid by the applicant to the non applicant. The matter is remanded back to the trial Court by the District Court with the direction to re -cast the issues on the amended written statement and after giving opportunity to both the parties adjudicate the said issues and send back the same to the Appellate Court. The parties were directed to remain present before the trial Court on 27th August, 2013.

(3.) THE Respondent 1A namely Namdeo Ramchandra Kadu who is appearing in person has invited my attention to the fact that the other legal heirs of deceased respondent no. 1 have authorised him to plead and argue in this writ petition. He invited my attention to various documents which are placed on record alongwith his say, which is filed in the registry of this Court on 4th December, 2013. According to him, his wife Mrs. Alka Namdeo Kadu is died and prior to that, he was involved in providing medical treatment to her and in that process, he could not pay proper attention to the pending suit so as to include all aspects in the written statement which was filed before the Trial Court. It is submitted that he was under mental stress and also unaware of certain procedure, could not incorporate in the main written statement that, the Suit is not filed within limitation, necessary parties are not joined to the suit, description of the properties given in the suit is not correct and the Civil Court has no jurisdiction to entertain the suit.