21. wp 520­11.doc rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION . WRIT PETITION NO 520 OF 2011 Nalini Anil Shinde & Ors .. Petitioners Vs Subhash Janardan Joshi & Ors .. Respondents . . . Mr A B Barkar for the Petitioners : CORAM . . , . B R GAVAI J : , . DATE 24th FEBRUARY 2011 . .: P C . 1 , By the present petition the petitioner challenges the order dated 23rd November 2010 vide which the application for . amendment of the plaint came to be rejected . 2 , Admittedly the amendment as sought to be incorporated is . , after commencement of the trial In that view of the matter no error can be found in the order passed by the learned trial , Court in view of proviso to Order VI Rule 17 of the Code of Civil . , Procedure In any case the petitioners can very well challenge , , the said order in the event the suit is dismissed and if he , , required to file an Appeal in view of proviso to Order XLIII Rule ( ) . 1 A of the Code of Civil Procedure 1 21. wp 520­11.doc . 3 . The petition is rejected with aforesaid observations . . , . [ B R GAVAI J ] 2 21. wp 520­11.doc 3