1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.9712/2008. Nisar Ahmed. VERSUS Mohammad Abid and Another. 10.09.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.M.C.Jain, for the petitioner. ***** Heard learned counsel for the petitioner and perused the application (Annexure-1) which was filed for seeking amendment in the written statement and the impugned order dated 24.07.2008 which has been filed as Annexure-2. Having gone through the application (Annexure-1) I find that the defendant-petitioner has failed to make out a case in terms of the proviso to Rule 17 of Order 6 C.P.C. as the said proviso provides that no application for amendment shall be allowed after the trial has commenced, unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial. In that view of the matter, the failure on the part of the defendant-petitioner to disclose the material 2 date, the application for amendment has rightly been refused. In view of the above, no case for interference under Article 226 and 227 of the Constitution of India is made out. The writ petition is dismissed summarily. (DALIP SINGH),J. Solanki DS, Jr.P.A.