WP/2086/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2086 OF 2011 Shakuntala Tukaram Otari ... Petitioner V/s. Dhondiram Tukaram Otari ... Respondent Mr. S.M. Kamble for the Petitioner. None for the Respondent. CORAM : B.R. GAVAI, J. DATE : 14 TH MARCH, 2011. P.C. : 1. By the present Petition, the petitioner challenges the order dated 14th February, 2011 passed by the learned Civil Judge, Senior Division, Kolhapur in Regular Civil Suit No.824 of 2008, by which the application filed by the present petitioner for amendment of the plaint came to be rejected. 2. Admittedly, the Suit is at the stage of final hearing. It can further be seen that the amendment which is sought to be incorporated could have been incorporated prior to commencement of the trial, had the petitioner exercised due diligence. 3. In that view of the matter, no error could be found with the order passed by the learned trial Court in view of the proviso to Order 6 Rule 17 of the Code of Civil Procedure. 4. The Writ Petition is rejected. [B.R. GAVAI, J.]