spb/- 1 wp6267-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 6267 OF 2010 Shri Dattatraya Krishna Shinde ... Petitioner. Vs. Smt. Sunita Surendra Khatu & Ors. ... Respondents. --- Mr Rajeev Matkar for the Petitioner. ----- CORAM : D. G. KARNIK, J. DATE : 23rd NOVEMBER, 2010. P.C. 1 This writ petition is directed against the order passed by the appellate court, refusing the application of the petitioner (original defendant) to amend the written statement. The suit was instituted in the year 2003 i.e. after amendment of Order 6, Rule 17 of the Code of Civil Procedure with proviso thereto. Under the proviso to the Order 6, Rule 17, no application for amendment shall be allowed once the trial has commenced unless the party applying for amendment shows that in spite of due diligence it could not have raised the matter before commencement of the trial . The application for amendment was not only made after commencement of the trial but after conclusion of the trial and in the appellate court. The case was not covered by an exception to the proviso to Order 6 Rule 17. Hence, the application was rightly rejected by the court below. 2 There is no merit in the petition. The petition is rejected summarily. [D.G. KARNIK, J.]