FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. WRIT PETITION NO.3889 OF 2009 -------------------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | ------------------------------------------------------------------------------------------------------------------- CORAM : B.R. GAVAI J : DATE : 26TH JUNE, 2009 By way of present petition, the petitioner challenges the order dated 26.11.2008 vide which the application filed by the present petitioner for amendment of the plaint came to be rejected. From the perusal of the impugned order, it would be revealed that petitioner by way of amendment seeks to bring on record the averment regarding partition executed in the year 1972. Suit is drafted in the year 2005. The issues are framed, evidence is already recorded and after that said application came to be filed. In view of Order 6 Rule 17 of the Civil Procedure Code, it is clear that if an amendment seeks to bring on record the matter, after commencement of the trial, it has to satisfy that inspite of exercise of due diligence , the matter which is sought to be brought on record could not he brought on record prior to the commencement of the trial. In view of that no perversity or infirmity could be found with the approach adopted by the trial Court so as to warrant interference in exercise of extra ordinary jurisdiction of this Court under Article 227 of the Constitution of India. ( B. R. GAVAI, J. ) aaa/wp3889.09