WRIT PETITION NO. 6259 OF 2011 1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6259 OF 2011 (M/s. New Diwan Ice Factory) ..Vrs.. (Mohammad Yusuf Khan & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (Mr. R.H. Agrawal, Advocate for the petitioner.) CORAM : SMT. VASANTI A. NAIK, J. DATE : 20/12/ 2011 . Heard. By this petition the petitioner impugns an order passed by the trial Court on 26/07/2011, rejecting an application filed by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure. On hearing the learned Counsel and on perusal of the impugned order, alongwith the application for amendment, it appears that the trial Court was justified in rejecting the amendment application. The petitioner/original defendant no.1 had not established that he could not have amended the written statement prior to the commencement of the trial. The amendment application was filed by the petitioner when the matter was posted for the cross examination of the plaintiff and was adjourned from time to time. The trial Court further found that some of the facts stated in the proposed amendment were already pleaded by the defendant no.1/petitioner in his written statement. There WRIT PETITION NO. 6259 OF 2011 2 is no illegality or jurisdictional error in the impugned order dated 26/07/2011. In the result, the writ Petition fails and is dismissed with no order as to costs. JUDGE Deshmukh