spb/ 1 wp5789-09 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO. 5789 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Q. M. Ashfaq for the Petitioners. Mr. S.S. Kulkarni for the Respondents 1 and 2. --- CORAM : D.G. KARNIK, J. DATE : 26th JULY, 2011 P.C.:- Heard. The petition is directed against the order dated 17th April, 2008, rejecting the petitioners’ (original defendants) application for amendment of the written statement. In my view the application for amendment has been rightly rejected by the trial court. The application for amendment was made after commencement of the trial and as such it was not maintainable in view of the provisions of Order 6 Rule 17, as it was not proved that the facts which were sought to be pleaded by way of amendment could not have been pleaded before the commencement of the trial . There is no error in the impugned order. Writ petition is accordingly rejected. (D.G. KARNIK, J.)