TWIST SPIN INDUSTRIES Vs. KMH ENTERPRISES

JUDGEMENT

(1.) Rule, Rule is made returnable forthwith. Heard finally with consent of the parties.

(2.) The plaintiff by this writ petition challenges the order passed by the Civil Judge (Jr.Dn.), Nagpur allowing an amendment application filed by the defendant.

(3.) A few facts may be narrated as follows -The petitioner/plaintiff filed suit a for declaration and injunction. The petitioner sought relief that defendant had no right to carry out the demolition work at the site and it should be permanently restrained from doing so. The plaintiff had filed an application for temporary injunction and that was contested. The written statement was not filed within ninety days by the defendant. The defendant's application to accept the written statement on record after lapse of ninety days was rejected. A writ petition was preferred by the defendant and High Court allowed the writ petition and directed the written statement to be accepted on record. In the meanwhile, the evidence of the plaintiff was recorded and defendant's evidence was yet to begin when the defendant filed an application for amendment. This was allowed, hence the writ petition.