1 WP No.5663/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.5663 of 2010 M/s.Sahadara and Company ... Petitioner versus M/s.Ramkrishna Resort Pvt.Ltd. ... Respondent ... Mr. N.R.Bubna for the petitioner. Mr.Vinay Sanglikar with Jayesh Vyas and Ms.Huda Diamondwala i/b Divya Shah Associates for respondent CORAM : D.G. KARNIK, J. DATED : 6th August 2010 P.C. 1. By this petition, petitioner challenges the order dated 16 June 2010 passed by the Joint Civil Judge, Sr. Division, Pune rejecting the petitioner’s application for amendment of the written statement. 2. Affidavit in lieu of examination in chief of the plaintiff was filed on 13 January 2007. The application for amendment was filed on 8 June 2010 ie. long after the commencement of the trial. Proviso to Order 6 Rule 17 says that no application for amendment shall be allowed after the trial has commenced unless the court comes to the conclusion that inspite of due diligence, the parties could not have 2 WP No.5663/10 raised the matter before the commencement of the trial. There is no averment in the application for amendment that the defendant could not have raised the grounds sought to be added by amendment before commencement of the trial. By the proposed amendment, the plea of adverse order was sought to be added. The defendant was certainly aware of the facts relating to the adverse possession which he could have and ought to have raised before the commencement of the trial. On this ground alone, the application could have been rejected. The learned trial Judge has also rejected the application on merits. 3. There is no merit in the writ petition which is rejected summarily. (D.G. KARNIK,J.)