1 50-6789-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6789 OF 2010 Shri Jagannath G. Kudalkar .. Petitioner Vs. Shri Deepak N. Vankundre & Others .. Respondents. Ms. Chaitrali Deshmukh, for the Petitioner. CORAM : B.R.GAVAI, J. DATE : 7th JANUARY, 2011. P.C.: 1 The Petitioner challenges the order dated 28th June, 2010 thereby dismissing the Civil Revision Application No.4 of 2008 arising out of the order passed by the Learned IVth Jt. Civil Judge, Junior Division, Kolhapur dated 22nd July, 2008 thereby rejecting application filed by the present Petitioner for amendment. 2 50-6789-10.sxw 2 The learned Civil Judge, Kolhapur while rejecting application has found that though earlier application for amendment was rejected, subsequent application was filed for the same purpose. The earlier application was rejected on 20th October, 2005. It is further found that the application for amendment was filed after issues were framed and the evidence of the Plaintiff had commenced. 3 In view of proviso of Order 6 Rule 17 of the Code of Civil Procedure brought on record by amendment to the Code of Civil Procedure, the application for amendment is not tenable after the commencement of the trial, if the same could have been made prior to commencement of trial with exercise of due deligence. 4 Admittedly, the amendment which is sought to be brought on record could have been made, prior to commencement of trial inasmuch as the Petitioner were very well within the knowledge of these facts. 5 In that view of the matter, no case is made out for interference. Hence, Writ Petition is rejected. (B.R.GAVAI, J.)