2. wp 3211-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3211 OF 2011 Janabai Laxman Ghure & Ors .. Petitioners Vs Yallappa Appa Ghure & Anr .. Respondents Mr. G.N. Salunke for the Petitioners CORAM : D.G. KARNIK, J. DATE : 23rd JUNE, 2011. P.C.: 1. The petition is directed against the order dated 9th December 2010 passed by the Civil Judge Junior Division, Ajara rejecting the application of the petitioners (original defendants) for amendment of the written statement. 2. Admittedly, the application for amendment has been made after the commencement of the trial. By reason of proviso to Order VI, Rule 17 of the Code of Civil Procedure, no application for amendment can be allowed after commencement of the trial unless the Court comes to the conclusion that inspite of due diligence, the party could not have raised the matter before the commencement of the trial. Learned counsel for the petitioners submitted that the petitioners had given a power of 1 2. wp 3211-11.doc attorney to a person who was illiterate and therefore, he could not make the application for amendment before the commencement of the trial. If the petitioners choose to give power of attorney to a person who is illiterate, then they must suffer for his ignorance. 3. It is not shown that the facts sought to be pleaded by the amendment could not have been pleaded before the commencement of the trial. There is no merit in the petition which is hereby rejected. [ D.G. KARNIK, J ] 2 2. wp 3211-11.doc 3