1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3364 OF 2010 ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. A.K. Suryawanshi for the petitioners. CORAM : D.G. KARNIK, J. DATE : 2ND JULY 2010 P.C. : 1. Heard. 2. This petition is directed against the order dated 11 August 2009 passed by the 6th Joint Civil Judge, Junior Division, Solapur rejecting the petitioners’ application for amendment. Application for amendment was made after the commencement of the trial. 3. Proviso to Order 6 Rule 17 of the Code of Civil Procedure provides that no application for 2 amendment shall be allowed after the trial has commenced unless the Court comes to the conclusion that inspite of due diligence the party could not have raised the matter before the commencement of the trial. In whole of the application, the petitioners have not even averred that he could not discover the facts sought to be added by the amendment before commencement of the trial despite his due diligence. In the circumstances, the learned Trial Judge was right in rejecting the application for amendment. There is no merit in the writ petition which is hereby rejected summarily. (D.G. KARNIK, J.)