1 WP 56/2011 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 56 OF 2011 M/s Vaibhav Aquafresh Limited .. Petitioner V/s Cyrus Keki Balsara .. Respondent Mr. Uday Warunjikar with Mr. S.A. Oak i/b Mahesh Menon & Co. for the petitioner. Mr. J.P. Sen with Ms. Ferzana Behramkamdin and Ms. Swati Deshpande i/b FZTS & Associates for the respondent. CORAM : D.G. KARNIK, J. DATE : 17TH JANUARY 2011 P.C. : 1. Heard learned counsel for the parties. 2. This petition is directed against the order dated 10th September 2008 passed by the trial Court rejecting the application of the petitioner (defendant) for amendment of the plaint. The petitioner also challenges the order dated 19th November 2010 passed in revision by the two judges Bench of the Small Causes Court dismissing the revision application against the initial order dated 10th September 2008. 2 WP 56/2011 3. In a suit for possession by the respondent, the petitioner filed the written statement. The trial commenced and the evidence of the respondent was recorded on affidavit and thereafter the petitioner filed an application for amendment of the written statement. By an order dated 10th September 2008, the application was rejected in view of proviso to Order VI Rule 17 of the Code of Civil Procedure (for short “the Code”). That order is confirmed by the revisional court. 4. The two courts below have concurrently held that the petitioner has not even pleaded that the grounds raised in the amendment application would not have been raised by him before the commencement of the trial in spite of due diligence. I have also perused the application for amendment in which also the petitioner has not even pleaded that the grounds raised in the proposed amendment application could not have been raised before the commencement of the trial. As such, the application for amendment was clearly barred in view of proviso to Order VI Rule 17 of the Code. There is no merit in the writ petition which is hereby rejected. (D.G. KARNIK, J.)