2009 SC 1433 in the matter of Vidyabai Vs. Padmalatha 's the Trial Court looses the jurisdiction to consider an application for amendment once the trial has commenced. Unless the conditions precedent therefor are satisfied namely that in spite of due diligence, the parties could not have raised the matter before the commencement of the trial. No doubt, in the instant application there is no mention so as to why the said application was moved at the said length of time. However, what is required to be noted is that by the instant application the fact that the lands are Devasthan Inam lands is sought to be brought on record. The said aspect can be relevant aspect whilst considering the suit which has been filed for partition. As without the said aspect being considered the adjudication of the suit may lead to further complications. In that sense the averments which are sought to be incorporated can be said to be by way of placing facts on record which are relevant for adjudication of the suit. In my view, therefore the Trial Court was right in allowing the application Exh.83 filed by the Defendant for amendment of her written statement. For the delay caused, the Trial Court has rightly imposed costs on the Defendant. Hence, no case for interference in the Writ Jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed. However, the Defendants to pay additional costs of Rs.1000/- to the Plaintiff to be deposited in the Trial Court within two weeks from date.
