IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9031 of 2011 NARESH MAHTON & ORS Versus LAXMI NARAYAN MAHTON & ORS ----------- 8 19.05.2011 Upon hearing the learned counsel for the petitioners as well as respondents and after perusal of the impugned order it reveals that the trial court has not recorded any reason for reaching to a conclusion that in spite of due diligence the party could not raise amendment before commencement of trial. Therefore, the order is contrary to proviso appended to Rule 17 of Order 6. Thus, the order impugned dated 3.12.2008 passed by Sri Manoj Kumar Tiwary, Munsif 2nd, Begusarai, in T.S. No. 98 of 1986 is set aside. Trial court is directed to proceed further. Ravi/- ( Prakash Chandra Verma, j.)