1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 3862/20007 (Vasantrao Gopalro Apte vs. Prabhakar Gopalrao Apte ) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions and Registrar's orders. .................................................................................................................................................................. CORAM: B.R. GAVAI , J. DATED: 1st February, 2008. *** Heard Mr. S.V.Bhutada, learned counsel for petitioner and Mr. R Mathew, for respondent. 2. By way of present petition, the petitioner challenges the order dated 9th July, 2007 vide which the learned trial Court rejected the application of the present petitioner (below Exh.22) in RCS No. 1584/2002, for amendment of the written statement. By the said amendment, the petitioner wanted to incorporate the counter claim. 3. No doubt, the present suit has been instituted after the amendment in Civil Procedure Code, effected in 2002. It is, thus, clear that the present amendment which is admittedly sought to be incorporated 2 after the commencement of the trial could have been allowed only if the petitioner would have shown that in spite of exercise of due diligence, he could not have been able to carry out the amendment before commencement of the trial . 4. In that view of the matter, no interference is warranted. Writ Petition stands rejected. 5. On perusal of the impugned order it is noticed that while considering the application for amendment, the Court below has also dealt with some of the merits of the matter and specifically regarding claim being time barred. It is needles to state that such observation of the trial Court is totally unwarranted, and the same shall not be considered at the stage of hearing of the suit. JUDGE sahare