spb/- 1 wp9193-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 9193 OF 2010 Shri Sanjay Yashwant Jadhav & Ors. ... Petitioners. Vs. Sou. Sheela Shamrao Yadav & Anr. ... Respondents. ­­­ Mr. Sandeep Kasegave for the Petitioners. ­­­­­ CORAM : D. G. KARNIK, J. DATE : 06th DECEMBER, 2010. P.C. 1 Heard the learned counsel for the petitioners. 2 By this petition the petitioners have challenged order dated 15th July, 2010 passed by the Civil Judge, Jr. Division, Jaysingpur, rejecting the application of the petitioners (Original defendants) for amendment of the written statement. 3 The application for amendment was filed after commencement of the trial inasmuch as the respondents have filed affidavit of the first witness in lieu of examination­ in­ chief. In view of the provisions of Order 6 Rule 17, an application for amendment could not be allowed unless it was shown that the petitioners could not have raised the matter spb/- 2 wp9193-10.sxw prior to commencement of the trial. The petitioner has not shown any reason that he could not have applied for amendment prior to the commencement of the trial. Hence, the learned Judge has committed no error in rejecting the application for amendment. 4 Petition is rejected. [D.G. KARNIK, J.]