1 wp69.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 69 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. H.V. Tungar, Advocate for the petitioners. 1. This is Petition by plaintiffs contending that after cross examination of plaintiff, the amendment has been moved and allowed. Contention is after the trial has been started, the amendment can not be allowed. In cross examination, the question about first marriage of defendant no.2 with one lady by name Champabai and fact of her being alive has been put to the petitioners. The petitioner claims to be wife of defendant no.2. Answers given by the petitioners to those questions in cross examination are not disclosed and the learned Counsel is seeking time to obtain instructions about the same. 2. Only ground is, that the amendment is allowed after the trial is started and for that purpose, he wants to rely upon certain judgments to substantiate his contention. 2 wp69.11 3. It is settled law that after the trial had started, the amendment can not be allowed. However, here the questions about the first marriage of her husband were put and those questions are answered. The answers are not before the Court. I am therefore not inclined to interfere in the Writ Petition. Writ Petition is rejected. Leave to petitioner to challenge order of trial Court after suit is finally decided. (B.P. DHARMADHIKARI) JUDGE. 10.01.2011 gas/wp69.11