MP 1 WP1453_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1453 OF 2011 Begambi Mard Essamuddin Shaikh and another ... Petitioners Versus Rajubhai Hasmoddin Shaikh and others ... Respondents Ms. Suvarna Vert for Petitioners. CORAM : B.R. GAVAI, J. THURSDAY, MARCH 31, 2011 P. C. : Admittedly, the application for amendment was filed at the stage when the suit was kept for hearing. The averments which are now sought to be placed on record, could have been very well placed on record prior to commencement of trial, had the petitioner exercised due diligence. 2. In that view of the matter, no error is noticed in the order impugned, particularly in view of the law laid down by the Apex Court in the case of Vidyabai and others Vs. Padmalata and another reported in 2009 (2) SCC 409. 3. In any case, in the event, if the petitioners do not succeed in the suit and are required to file an appeal, they can very well challenge the order impugned herein in view of the provisions of Order 43, Rule 1(a) of the Code of Civil Procedure. Rejected. (B.R. GAVAI, J)