1 wp9791.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 9791 of 2010 Santosh Dattu Gurav & ors. ...Petitioners v/s. Smt. Tulsabai Dattu Gurav & ors. ..Respondents Mr. Milind Deshmukh for the petitioners. Mr. D.S. Sawant i/b. Rajesh Parab for the respondent no.1. CORAM:- B.R. GAVAI, J DATED :- FEBRUARY 25, 2011. P.C. By way of present petitioner, the petitioner challenges the order dated 1st October, 2010 vide which the learned District Judge, Kolhapur has rejected the application filed by the present petitioner for amendment of the written-statement at the stage of an appeal. 2. Admittedly, the suit is of 2003 i.e. post amendment to CPC which came into effect from 1st July, 2002. As held by the Apex Court in the case of Vidyabai & ors. v/s. Padmalatha & anr. Reported in 2009 (4) Mh.L.J., 2 wp9791.10.sxw if an amendment seeks to bring on record a matter after commencement of the trial which with exercise of due diligence could not have been brought on record prior to commencement of trial, such an amendment would not be permissible, in view of proviso to Order 6 Rule 17 of CPC. 3. Admittedly, had the petitioner exercised due deligence, he could have very well found as to whether the plaintiff was the second wife or the third wife of deceased Dattu. In that view of the matter, no case of interference is made out. 4. Rejected. (B.R. GAVAI, J)