1 WP No.4294/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4294 of 2011 Mauje Hajagoli Khurd Villagers and ors. ... Petitioners versus Mahadev Laxman Gurav and ors. ... Respondents ... Mr. M.R.Suryawanshi for the petitioners Mr.Prashant Bhavke i/b N.V. Bandiwadekar for respondent Nos.1 to 3. CORAM : D.G. KARNIK, J DATED : 1st July 2011 P.C. 1. By this petition, petitioners (original plaintiffs) challenges the order dated 20 January 2011 rejecting their application for amendment of the plaint. 2. In view of the provisions contained in the proviso to Order 6 Rule 17 of the Code of Civil Procedure (for short “the Code”) in my view, no exception can be taken to the impugned order for the reasons indicated below. 3. On 16 November 2010, the petitioners made an application for amendment of their plaint seeking to plead about existence of an 2 WP No.4294/11 agreement/compromise dated 24 August 2007. The hearing of the suit commenced on 17 June 2010 when the petitioners had filed an affidavit of one of them in lieu of examination in chief. On 17 June 2010, when the evidence commenced, the petitioners very well knew the existence of the alleged agreement/compromise dated 14 August 2007 and therefore, ought to have applied for the amendment about the same before the commencement of the trial. 4. Proviso to Order 6 Rule 17 of the Code says that an application for amendment shall not be allowed after the trial has commenced unless the court comes to the conclusion that in spite of due diligence, the party applying for amendment could not have raised the matter before the commencement of the trial. Since the compromise had taken place more than three years prior to the commencement of the trial, petitioners plaintiffs could have raised the matter regarding the alleged agreement/compromise long before the commencement of the trial. The proposed amendment is therefore hit by provisions of proviso to Order 6 Rule 17 of the Code. Writ Petition is rejected summarily. (D.G.KARNIK, J)