22. wp 5892-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION . WRIT PETITION NO 5890 OF 2010 United India Insurance Co Ltd .. Petitioner Vs Suresh Kumar Pandey & Anr .. Respondents . . . Mr K W Vitonde for the Petitioner : CORAM . . , . B R GAVAI J : , . DATE 17th FEBRUARY 2011 . .: P C . 1 , By this petition the petitioner challenges the order dated 22nd February 2010 vide which the application for amendment came . to be rejected The petitioner was seeking amendment to the , , . written statement admittedly after the evidence began It is contended by the petitioner that since the original claimants , themselves had suppressed the material facts the amendment . was necessary . 2 The amendment is purportedly on the basis of some investigating report carried out by the investigator appointed . by the petitioner themselves The said investigation report is of 1 22. wp 5892-10.doc . , the year 2003 In that view of the matter no error could be found with the order passed by the learned Judge in observing that the said amendment was not permissible in view of proviso , , . to Order VI Rule 17 of the Code of Civil Procedure 1908 . 3 No perversity could be noticed in the discretion exercised by . , the trial Judge to warrant interference Hence writ petition . stands rejected . . , . [ B R GAVAI J ] 2 22. wp 5892-10.doc 3