IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7766 of 2011 LUTAWAN RAM & ORS. Versus SUKHAN RAM ----------- 4. 10.05.2011 Learned counsel for the petitioners submitted that the order impugned suffers from non application of mind inasmuch as the Appellate Court has not taken into account the amended provisions of Order 6 Rule 17, which permits amendment only before the trial has commenced and after trial if amendment is to be permitted then the Court has to arrive at the conclusion that in spite of due diligence the parties could not have raised the matter before commencement of the trial. Thus, this provision does not permit the Appellate Court to consider an amendment application in the Court of appeal. Prima facie, I find force in the submission of learned counsel for the petitioners. Therefore, the order of the Appellate Court is set aside and the Appellate Court is directed to decide the question raised and consider while deciding the application moved by the petitioners and dispose of afresh, after hearing both the parties. The petition is disposed of. Anand Kr. ( Prakash Chandra Verma, J.)