1 wp 7394-2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7394 OF 2010 Bidi Kamgar Kalyan Pratishthan ..Petitioner vs. Executive Director Maharashtra State Electricity Board & Ors. ..Respondents Mr.Rajesh Datar i/b. Mr.Dinesh P. Adsule for the Petitioner. CORAM : B.R. GAVAI, J DATED : FEBRUARY 9, 2011. P.C. : 1 By way of present petition, the petitioner challenges the Order dated 13th August, 2010 passed by the learned Joint Civil Judge, Junior Division, Pandharpur, vide which the application filed by the present petitioner for grant of amendment came to be rejected. 2 wp 7394-2010.sxw 2 Shri Datar, learned Counsel for the petitioner submits by way of amendment, the petitioner only wanted to incorporate the words "Alpa Dengi Shulkat" instead of Alpa Darat". He submits that no prejudice could have been caused to the respondent if such an amendment was allowed. 3 Undisputedly, the affidavit in lieu of examination-in-chief has been filed by the petitioner. As such, in view of the law laid down by the Apex Court in the case of Vidyabai and others vs. Padmalatha and another, reported in (2009) 2 SCC 409, an amendment which is sought to be incorporated after the commencement of the trial, which with the exercise of due diligence could have been incorporated prior to commencement of the trial, cannot be allowed. 4 In any case, in view of Order 43 Rule 1 of the CPC, the petitioner is always at liberty to 3 wp 7394-2010.sxw file an appeal that he may require to in case he does not succeed. 5 Writ Petition is rejected. (B.R. GAVAI, J)