1 WP No.5922 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5922 of 2010 Gabrial Pascal Fernandes ... Petitioner versus Daryus J. Furkhurson and Anr ... Respondents ... Mr. R.A. Thorat for the petitioner. CORAM : D.G. KARNIK, J DATED : 18th November 2010 P.C. 1. Heard. 2. In my view, the case for exception to the proviso under Order 6 Rule 17 of the Code of Civil Procedure has not been made out. In fact, it is not even pleaded in the application for amendment. Consequently, the trial court was right in rejecting the application for amendment. There is no merit in the petition which is rejected summarily. (D.G.KARNIK, J)