1 WP 7774/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7774 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Tushar Goradia for the petitioner. Mr. R.A. Shaikh for respondent no.4. CORAM : D.G. KARNIK, J. DATE : 18TH JANUARY 2011 P.C. : 1. Heard learned counsel for the petitioner. 2. The petition is directed against an order dated 12th April 2010 passed by the trial Court rejecting the application of the petitioner for amendment of the written statement. 3. The evidence of the respondent-plaintiff commenced and the cross examination also commenced on 12th March 2010. The application for amendment was made 2 WP 7774/10 thereafter. The petitioner had not produced sufficient material before the trial Court to show that the matter which was sought to be added by means of amendment could not have been raised before the commencement of the trial in spite of due diligence. In view of proviso to Order VI Rule 17 of the Code of Civil Procedure, such an application therefore could not have been allowed. There is no merit in the writ petition which is hereby rejected. (D.G. KARNIK, J.)