1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETN. NO.3983/2011 Ramavatar Raghuvirdayal Agrawal -vs- Maharashtra Industrial Development Corporation and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Gandhi, learned counsel for the petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : 17.08. 2011 . Heard Shri Gandhi, learned counsel for the petitioner. There is nothing wrong with the order passed by the learned Civil Judge, Senior Division, Akola on 07/07/2011 partly rejecting the amendment application filed by the petitioner-plaintiff. By the proposed amendment, which was refused by the Court, the petitioner wanted to plead in respect of the lease on the basis of the written statement filed by the defendants. The written statement was filed by the defendants on 22/06/2004 and the amendment application based on the written statement 2 was filed by the petitioner on 06/01/2011 after the commencement of the trial. The amendment application was filed when the matter was fixed for the cross-examination of the defendants. The trial Court rightly observed that there was no propriety in allowing the said amendment once the trial had commenced, particularly when the petitioner had failed to explain that in spite of due diligence, he could not have pleaded the facts stated in the proposed amendment in the plaint or immediately thereafter when the written statement was filed by the defendant. The order passed by the trial Court is just and proper and calls for no interference in exercise of the writ jurisdiction. The writ petition is devoid of merit and the same is dismissed with no order as to costs. JUDGE KHUNTE