1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5097 OF 2009 (Dr. Vaijnath Narayanrao Gotephode vs. State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. NOVEMBER 25, 2009. Heard Shri Khajanchi, learned counsel for the petitioner – plaintiff. In 2004 suit, after the issues were framed, an application for amendment of plaint was moved to point out certain events which transpired in 1994 to explain the cause of action. The amendment was rejected by the trial Court by a reasoned order on 10.07.2009. Thereafter an application for review was made and that application was also rejected on 23.09.2009. Both these orders are assailed in present writ petition. Shri Khajanchi, learned counsel contends that as recording of evidence had not begun, an amendment only clarificatory in nature ought to have been allowed. He has tried to demonstrate with reference to judgment of the Hon’ble Apex Court in the case of Vidyabai vs. Padmalatha, reported at 2009 (2) SCC 409 that mere framing of issues is not commencement of trial. He has also relied upon the judgment of the Hon’ble Apex Court in the case of Usha Devi vs. Rijwan Ahamd, reported at 2 (2008) 3 SCC 717, to show that the facts already within the knowledge were allowed to be brought on record by imposing some cost though an injunction in relation to the property for which relief was sought and which was sought to be explained by said amendment was operating against defendants. The perusal of orders show that the relevant case law and material has been considered by the trial Court and there is no perversity or jurisdictional error. The facts were within the knowledge of the petitioner since 1994 and there is no explanation as to why those facts in relation to only cause of action could not be placed on record at the earliest possible opportunity. I am not inclined to interfere in the matter in writ jurisdiction. Writ Petition is, therefore, dismissed. However, there shall be no order as to costs. JUDGE *GS.