spb/- 1 wp443-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 443 OF 2011 Shivaji Santu Pawar ... Petitioner. V/s. Kavita Sunil Gite & Ors. . ... Respondents. ----- Mr. P.B.Shah for the Petitioner. Mr.M.M.Sathaye for the Respondents Nos. 1 to 3. ----- CORAM : D. G. KARNIK, J. DATE : 04th JULY, 2011. P.C. : 1 The petitioner’s application for amendment of the written statement is rejected by the lower court by order dated 12th October,2010. That order is impugned in the present writ petition. 2 The application for amendment was made after commencement of the trial. The trial court was not satisfied that the material sought to be added by amendment could not have been pleaded before commencement of the trial. Consequently, the application for amendment was barred by proviso of Order 6 Rule 17 of the Code of Civil Procedure. No interference is called for in the impugned order. The writ petition is accordingly rejected. [D.G. KARNIK, J.]