(1) 21 WP 7300-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 7300 OF 2026 Jivan S/o Prabhakarrao Poshattiwar VERSUS Ramesh S/o Rajaram Dahikar And Anr. -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------- Mr. N.A. Gaikwad , Advocate for petitioner CORAM : NANDESH S. DESHPANDE, J. DATED : 15.09.2026 Heard Mr. Gaikwad, learned Counsel for the petitioner. The present petition challenges order passed below Exhibit 81 by the Civil Judge Senior Division, Chandrapur, in Special Civil Suit No. 61/2014. Exhibit 81 was an application seeking amendment of the plaint filed by the plaintiff, i.e., the petitioner herein. As can be seen from the said application at Exhibit 81, neither there is an averment regarding due diligence as contemplated under the proviso to Order VI Rule 17 of the CPC, nor there is any reason to seek amendment of the prayer clause as sought in paragraph 2(B) of the plaint. The order of the Trial Court depicts application of mind and there is no jurisdictional error or perversity in the order, since admittedly, the application for amendment was filed after the (2) 21 WP 7300-2026 commencement of trial, and more particularly when the process of cross-examination of the plaintiff was underway. Filing of documents and allowing its production by the Court is altogether a different right and would not ipso facto clothe the litigating party seeking amendment of the plaint in view of the circumscribed discretion as contemplated under the proviso to Order VI Rule 17 of the CPC. The petition is meritless, liable to be dismissed, and is accordingly dismissed. (NANDESH S. DESHPANDE, J.) Jayashree.. Signed by: Mrs. Jayashree Pethe Designation: PA To Honourable Judge Date: 16/09/2026 17:36:45