DIANA BRAZILIA RODRIGUES Vs. HARI V

JUDGEMENT

(1.) HEARD Mr. Shivan Dessai, Advocate for the petitioners, Mr. S. D. Lotlikar, Senior Advocate for the respondent nos. 1 to 3, Mr. G. Teles, Advocate for respondent nos. 5 and 6. None present on behalf of respondent no. 4.

(2.) RULE. By consent heard forthwith.

(3.) MR. Dessai learned Counsel for the petitioners, placing reliance upon the judgment of the Apex Court in the case of Baldev Sing and others Vs. Manohar Singh and another, (2006) 6 SCC 498 submitted that in the said case the Apex Court has held that commencement of trial under Order 6 Rule 17 must be understood in the limited sense as meaning the final hearing of the suit, examination of witness, filing of documents and addressing of arguments. In the present case admittedly the evidence of plaintiffs has not begun. This being the position the reason given by the learned trial Court for rejecting the amendment sought by the plaintiffs is patently unsustainable in law. This position has been fairly conceded by learned counsel appearing for the respondents.