1 WP 2277/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2277 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders ------------------------------------------------------------------------------------------------------------------ Mr. R.D. Soni i/b Mr. S.S. Mishra for the petitioners. Mr. S.N. Bhosale, A.G.P. for respondent no.3. CORAM : D.G. KARNIK, J DATE : 26th July 2010. P.C. : 1. Heard. 2. By this petition, the petitioners challenge the order passed by the trial court rejecting the application for amendment. In my view, the application was rightly rejected in the light of proviso to Order 6 Rule 17 of the Code of Civil Procedure as the application was made after commencement of the trial and there is no reason to hold that despite due diligence, the 2 WP 2277/10 petitioners could not have applied for amendment. 3. The petitioners had filed a suit for partition without joining their sisters (daughters of the deceased) as parties to the suit. Since daughters have share in the property, they are necessary parties to the suit. The petitioners were all along aware that they have sisters and therefore not joining them as parties to the suit was not an act of due diligence. Consequently, the application has been rightly rejected and the writ petition deserves to be rejected and is hereby rejected. 4. Learned counsel for the petitioners submits that this order may not come in the way of the petitioners to apply for withdrawal of the suit with liberty to file a fresh suit on the same subject matter. If such an application is made, the trial court shall consider it on its own merits. 3 WP 2277/10 (D.G. KARNIK, J.)