1 WP No.4085/11 Mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4085 of 2011 Revansidh Vithoba Tingare ... Petitioner versus Shankar Dnyaneshwar Ingare and ors. ... Respondents ... Mr.Ajay Joshi for the petitioner. CORAM : D.G. KARNIK, J DATED : 1st July 2011 P.C. 1. This petition is directed against the order dated 15 April 2011 passed by the trial court rejecting the application of the petitioner (plaintiff) for amendment of the plaint. 2. The application for amendment was filed not only after the commencement of evidence but after the evidence of both the parties was recorded. Proviso to Order 6 Rule 17 prescribes that no application for amendment shall be allowed after the commencement of the trial unless the Court comes to the conclusion that in spite of due diligence, the party applying could not have raised the matter sought to be pleaded by amendment before the commencement of the trial court. The petitioner has not been able to satisfy the trial court as also to me that the application for amendment could not have been filed before the commencement of the trial. As such, there is no merit in the writ petition which is hereby rejected. (D.G.KARNIK, J)