*1* 57.wp.8076.09 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8076 OF 2009 Shri Pandurang Dagadu Jadhav ..Petitioner -Versus- Shivaji Shinganath Sonawne & Ors. ..Respondents .......... Mr.Pradeep Gole for the Petitioner. Mr.Dilip Bodake for the Respondents. .......... CORAM : B.R. GAVAI, J. DATE : 21ST FEBRUARY, 2011. P.C. 1 By way of the present petition, the petitioner challenges the order dated 5th December 2010 passed by the learned Civil Judge, Junior Division, Khandala on Exh.43 in Regular Civil Suit No.51 of 2003 vide which the application for amendment came to be rejected. 2 From the nature of the pleadings which are sought to be incorporated, it is clear that, had the petitioner has exercised due diligence, he could have very well brought the matter on record prior to commencement of trial. *2* 57.wp.8076.09 3 In that view of the matter, no error could be found in the order passed by the learned trial Court, in view of proviso to Order 6 Rule 17 of the Code of Civil Procedure. 4 The writ petition is rejected. [ B.R. GAVAI, J. ]