1 wp 7924-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7924 OF 2010 Yakub Babumia Jamdar ...Petitioner vs. Mohiuddin Babumia Jamadar & Ors. ...Respondents Mr.Satyajeet M. Mirajkar for the Petitioner. CORAM : B.R. GAVAI, J. DATED : JANUARY 10, 2011 P.C :- 1 By way of present petition, the petitioner challenges order dated 19th July, 2010 vide which the application for amendment filed by the respondent- plaintiff is allowed. 2 Shri Mirajkar, the learned Counsel for the petitioner submits that by way of amendment, the entire nature of the suit has been changed and as such, it ought not to have been allowed. 2 wp 7924-2010 3 The learned trial court while allowing the application has found that the parties to the suit are brothers and the proposed amendment which is allowed was necessary for explaining the fact regarding the Will executed by the deceased father of the parties. It is further to be noted that trial of the suit is yet to commence inasmuch as the evidence is yet to commence. It is settled law that Courts have to take liberal view in grant of amendment and the only rider is that if the amendment is sought to be incorporated, after the commencement of the trial and which with exercise of due diligence could have been brought on record prior to the commence of the trial, such an amendment should normally not be granted. In that view of the matter, I am not inclined to entertain the petition. 4 Petition is rejected. (B.R. GAVAI, J.)