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Bl vs State

High Court Of Gujarat|04 May, 2012

JUDGMENT / ORDER

1. The application in form in which it is taken out does not deserve to be entertained. The applicant seeks leave to amend the petition. By way of amendment, the applicant wants to bring on record certain developments which have occurred during last 18 years, pending the petition for final hearing. However, any details or explanation by way of appropriate averments, are not mentioned in the proposed amendment.
2. All that is done by the applicant is that voluminous documents, orders and circulars passed by the different authorities is annexed to the application and the said material is sought to be placed on record without support of proper amendment in petition memo. Any description as regards the said documents, orders and factual background or explanation about the circumstances etc. i.e. any relevant details, are not mentioned in the application.
3. The amendment sought for is not in proper form.
4. Hence, it is not possible for the Court to entertain the application. It is also not possible for the Court, merely by looking at the documents to determine as to whether the proposed amendment will change the complexion of the claim and/or original scope of the petition or not.
5. Therefore, present application is not entertained at this stage and it is disposed of with liberty to the applicant to take out appropriate Civil Application narrating relevant details and requesting for appropriate amendment in the body of petition i.e. in the relevant paragraphs factual aspects are mentioned as well as in the part of the petition where grounds in support of the relief prayed for are mentioned.
6. With the aforesaid clarification, the application stands disposed of.
(K.M.THAKER, J.) (ila) Top
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Title

Bl vs State

Court

High Court Of Gujarat

JudgmentDate
04 May, 2012