Bombay High Court
Rakesh Aghunath Pardeshi Through Gpa ... vs The State Of Maharashtra And Another on 16 October, 2018
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 11529 OF 2018
SHOBHABAI RAGHUNATH PARDESHI
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
WITH
WRIT PETITION NO. 11530 OF 2018
ALKESH RAGHUNATH PARDESHI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
WITH
WRIT PETITION NO. 11587 OF 2018
RAKESH RAGHUNATH PARDESHI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
WITH
WRIT PETITION NO. 11588 OF 2018
SHOBHABAI RAGHUNATH PARDESHI
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioners : Shri Dhakane Rajendra B.
AGPs for Respondents: Shri Kutti P.N. & Shri Kulkarni P.M.
...
CORAM : RAVINDRA V. GHUGE, J.
Dated: October 16, 2018 ...
PER COURT :-
1 The petitioners who are identically placed, are aggrieved by the identical orders dated 4.4.2018, by which, the applications filed by these petitioners seeking leave to withdraw the suits under Order XXIII akl/d ::: Uploaded on - 17/10/2018 ::: Downloaded on - 22/10/2018 00:16:04 ::: IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 2-WRIT PETITION NO. 11529 OF 2018 & ORS Rule 1(3) of the Code of Civil Procedure ("CPC") and file a single suit in place of the earlier four suits in the same cause, are rejected. 2 Though the learned counsel for the petitioners has strenuously criticized the impugned order, I find that Order XXIII Rule 1 of the CPC can not be ignored. If the suit suffers such a formal defect, that the same cannot be cured by way of an amendment and the suit, therefore, has to fail for such a formal defect, it can be withdrawn with liberty. The plaintiffs have specifically contended that their suit suffers from several typing mistakes, which, in turn, create complications. The trial Court has observed in paragraph No.7 that typing mistakes can always be cured through an amendment. What technical errors have occurred because of the typing mistakes have not been explained. 3 It, therefore, appears that these petitioners desire to rectify the typing mistakes that have occurred in their plaints and which according to the trial Court, could be cured by moving an amendment application. 4 Considering the above, these petitions are disposed off. As has been observed by the trial Court that the typing mistakes in the plaint can be cured by moving amendment application, the trial Court will akl/d ::: Uploaded on - 17/10/2018 ::: Downloaded on - 22/10/2018 00:16:04 ::: IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 3-WRIT PETITION NO. 11529 OF 2018 & ORS consider amendment applications, if filed by the petitioners, within six weeks from today, on their own merits, so as to ensure that the ends of justice are met.
( RAVINDRA V. GHUGE, J. ) ...
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