1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3025 of 2010 Anupama Anil Pisal ... Petitioner versus Gulabrao Shripat Paygude & ors. ... Respondents ... Mr. A.Y.Sakhare, Sr.Counsel i/b YKS Legal for for the petitioner. Mr. V.B.Konde Deshmukh for respondent nos.1 and 2. CORAM : D.G. KARNIK, J. DATED : 23rd June 2010 P.C. 1. By this petition, petitioner challenges the order dated 23rd March 2010 passed by Civil Judge, Sr. Division,rejecting the application of the petitioner defendant in Suit no.1946 of 2007 for amendment of the written statement. 2. The only ground on which the application for amendment has been rejected is that the hearing of the suit had commenced and therefore, by reason of proviso to Order 6 Rule 17 of the Code of Civil Procedure, the amendment could not be allowed unless the Court came to the conclusion that in spite of due diligence, the petitioner could not have raised the matter before commencement of the trial. No material 2 was brought on record by the petitioner to show that in spite of due diligence he could not have brought on record the matter which he sought to plead by the amendment. 3. Learned counsel for the petitioner however submitted that in a counter suit filed by the petitioner against the respondents, his application for amendment of the plaint was allowed. In that case the trial had not commenced and therefore the learned Judge allowed the petitioner to amend his plaint. Certainly, petitioner is not aggrieved by that order allowing his own application for amendment and he is not challenging the said order. In my view, the learned Judge had clearly drawn a distinction in respect of two different suits. In one case, he rejected application for amendment as the trial had commenced and proviso to Order 6 Rule 17 was applicable while in the other case, he allowed the petitioner to amend the plaint as the trial had not commenced and proviso was not applicable. There is no merit in the writ petition which is hereby rejected summarily. (D.G. KARNIK,J.)