gst 1 wp7410.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. WRIT PETITION NO. 7410 OF 2010. Prashant Motilal Sharma & Ors. .. ... ... Petitioners. V/s Bhuvanchandrfa Taradutta Tiwari .. ... .. Respondents. Mr.S.S.Patwardhan, Adv. For the petitioners. CORAM: B.R.GAVAI, J. 8th February, 2011. PC: By way of present petition the petitioner challenges order dated 19.6.2010 vide which the application for amendment of written statement came to be rejected. 2. Shri Patwardhan, learned counsel for the petitioner submits that by way of amendment the petitioners wanted to bring on record a scheme sanctioned by the Competent Authority under the ULC Act and as such no prejudice would hae been caused to the plaintiff if such an amendment was allowed. 3. Undisputedly affidavit in lieu of examination in chief was filed and the matter was kept for cross examination when the application came to be filed. It also cannot be said that inspite of exercising due diligence the amendment which is not sought to be incorporated could not have been brought on record prior to commencement of trial. In that view of the matter no error could be found with the order passed by the learned trial Court which holds that in view of proviso to Order 6 Rule 10 of Code of Civil Procedure such amendment was permissible. In that view of the matter no case is made out for interference. Hence writ petition is dismissed. 4. At this stage learned counsel for the petitioner makes a request for issuing direction to the learned trial Court to permit the petitioner to place on gst 2 wp7410.10.sxw record the scheme. If the petitioners are entitled in law to make any such application for placing the said scheme on record, the petitioner shall always be at liberty to make such application which shall be considered by the learned trial Court strictly in accordance with law.