1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 4158 OF 2007 (Gokarnabai Ramchandra Charhate .v. Rajesh Wasudeo Wankhede) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri A.J. Thakkar, Advocate for the petitioner. Shri A.B. Mirza, Advocate for the respondent. CORAM : B.R. GAVAI, J. 05TH MARCH, 2008. Heard the learned Counsel appearing on behalf of the respective parties. By way of present petition, the petitioner challenges the order dated 9th June, 2006 vide which the application filed by the present petitioner for amendment of plaint is rejected. Perusal of the record would reveal that the application for amendment has been filed after the issues are framed and the evidence of the plaintiff in part is recorded. From the perusal of the application for amendment, it would be clearly seen that the averments which are sought to be incorporated could have very well been incorporated prior to commencement of the trial with exercise of due deligence. 2 In that view of the matter, no infirmity can be found with the approach adopted by the learned trial Court in rejecting the application for amendment of plaint filed by the present petitioner. The petition stands dismissed as such. JUDGE *rrg.