1 wp 6302.24.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No.6302/2024 (Kamal @ Kamlesh V Yashwant and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.K. Dahat, Advocate for petitioner. CORAM : M.W. Chandwani , J. DATE : 17-02-2026. This Court had issued notice only to the contesting respondent no.1 who has been served. Nobody appears on behalf of him. 2. The petition challenges the order dated 10-09-2024 passed by the learned 4th Joint Civil Judge, Senior Division, Nagpur in R.C.S. No.203270/2012 below Exhibit-79, whereby the application of the petitioner for amendment in counterclaim came to be rejected solely on the ground that the petitioner has been transposed as a sole plaintiff in the suit and he is no more a defendant and his counter claim based upon the same right is merged in the suit claim therefore, there is no propriety to amend the counterclaim. 3. No doubt, the petitioner has been transposed as a sole plaintiff leading to the consequence of merging his written statement from the counterclaim in the plaint. If the trial Court has opined that counterclaim is treated to be merged in the plaint, I do not see 2026:BHC-NAG:3480 2 wp 6302.24.odt any reason for refusing the amendment in his counterclaim which is merged in the plaint on that count. The order passed by the learned Judge is not sustainable in the eyes of law. Hence, it is required to be set aside. 4. Writ Petition is allowed. 5. Order dated 10-09-2024 passed below Exhibit-79 by the learned 4th Joint Civil Judge, Senior Division, Nagpur, in R.C.S. No.203270/2012 is set aside. 6. Application Exhibit-79 is allowed. 7. The petitioner to carry out the amendment in the counterclaim which is merged in the plaint within four weeks from today. (M.W. Chandwani , J. ) Deshmukh