LAXMAN SANVLO SHETKAR Vs. SHRI RATNAKAR BHASKAR SHETKAR

JUDGEMENT

(1.) Rule made returnable forthwith. The learned Counsel for the contesting respondents no.1 to 4 waives service. The service on the rest of the respondents is dispensed with. Heard finally by consent of the parties.

(2.) The application filed by the petitioners for amendment was dismissed by the Trial Court on 30/07/2012. That order was challenged before this Court in Writ Petition No.197/2013, which was allowed on 6/08/2015, granting leave to the petitioners to amend the plaint subject to costs of Rs.5,000/ -. The petitioner did not carry out the amendment within a period of two weeks. In such circumstances, the petitioner filed an application under Section 148 read with Section 151 of the Civil Procedure Code, for leave to carry out the amendment, which has been dismissed by the Trial Court by order dated 18/12/2015 on the ground that the Court cannot extend the time granted by this Court and the petitioner would have to approach this Court for extension of time. The learned Counsel for the petitioners states that case made out in the application for extension was that the son of the original plaintiff no.4(a) was ill and was required to be taken, out of station for treatment, because of which the amendment could not be carried out within time.

(3.) It appears that although this Court by the judgment and order dated 6/08/2015 had not fixed any specific time, the Trial Court has relied upon Order 6 Rule 18 to hold that where no time is fixed, the compliance has to be done within 14 days of the date of the order.