jpc 1 wp9631-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 9631 OF 2011 Maulabux A. Qureshi .. Petitioner Versus Mrs. Lynette Lucas Miranda and others .. Respondents Mr. K. K. Jadhav for the petitioner Mr. A. A. Mirza for the respondents CORAM: R. M. SAVANT, J. DATED : 21st November, 2011 P.C. : 1. The above petition takes exception to the order dated 16th September, 2011, passed by the learned Judge, City Civil & Sessions Court (Borivali Division) Dindoshi by which the application for amendment to the written statement by way of Chamber Summons No. 531 of 2011 filed in L. C. Suit No. 5324 of 2004, came to be rejected. The said application has been rejected on the ground that no case has been made out by the defendants in the said application as to why the said amendment could not be moved earlier. 2. The impugned order discloses the number of adjournments sought by the defendants in the said suit, which have been reflected in jpc 2 wp9631-11.sxw paragraph 4 of the impugned order. It is trite that the applicant seeking amendment of the pleading has to satisfy the due diligence test. Apart from the fact that the said due diligence test has not been satisfied in the instant case, it appears that there is gross negligence and indolence on the part of the defendants in prosecuting the said suit. In that view of the matter, no case for interference is made out. Writ petition is accordingly dismissed. (R. M. SAVANT, J.)