Hadimiya Murtaza Sayyad Died through Lrs Sayad Zubeda Hadimiya and Others v. State of Maharashtra through District Collector and Others
Amendment of plaint – Order VI Rule 17
Case brief
What is this about?
Bombay High Court, Aurangabad Bench; WRIT PETITION NO. 2819 OF 2025; neutral citation 2026:BHC-AUG:8478; decided 24 February 2026 by S.G. Chapalgaonkar, J.; amendment of plaint after commencement of trial; proviso to Rule 17 of Order VI; due diligence requirement; Article 227 of Constitution of India; Regular Civil Suit No.48 of 2016, Shrirampur; will dated 30.11.1990; registered document dated 05.10.1932; Meher amount; land survey nos.9 and 13; writ petition rejected.
What did the court decide?
Amendment in plaint can be permitted at any time before commencement of trial; however, once trial is commenced, the rider stipulated under the proviso to Rule 17 of Order VI applies, requiring plaintiffs to give reasons why the amendment was not sought earlier or to demonstrate due diligence. ¶19