1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6442 OF 2003 Shri Sunil Narayan Koli. ..Petitioner. V/s. Shri Prabhakar D. Patil & Anr. ..Respondents. Mr.Nitin Mulye i/b. Girish Godbole for petitioner. Mr.S.R.Singh for Respondent No.1. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 25, 2009. DATE : MARCH 25, 2009. DATE : MARCH 25, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. Even if the Petitioner is right in pointing out that the Lower Court has observed that the proposed pleadings are necessary to decide the controversy, the fact remains that the Written Statement in this case has been filed on 20th August, 2002 after coming into force of amended provisions of CPC. However, the Application as filed, except mentioning that the former advocate failed to record the relevant fact now sought to be inserted by way of amendment, does not state that the Petitioner had taken due diligence and could not have raised the matter before the commencement of the trial, now 2 proposed to be inserted. It is not in dispute that trial has already commenced as the Plaintiff has filed examination in chief. In absence of due diligence, in view of the mandatory provisions of Rule 17 of Order 6, the Trial Court was justified in rejecting the application for the proposed amendment. No interference in exercise of writ jurisdiction is warranted. Dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)