ORDER :

1. Leave granted.

2. We have heard learned counsel for the appellant. Despite service, no one is present on behalf of the respondents.

3. This appeal has been filed against the judgment and order dated 14.08.2018 passed by the High Court in W.P. (C) No. 11263/2016, by which the High Court dismissed the writ petition.

4. A suit for partition was filed by the respondents i.e. wife and children of the appellant. In the suit, evidence started and thereafter an application for amendment of plaint was filed by plaintiff No.3. The amendment was objected by the defendant (appellant herein). However, the learned Civil Judge by order dated 09.03.2016 allowed the application against which the writ petition was filed which was dismissed.

5. Learned counsel for the appellant submits that evidence had already begun and in view of Order VI Rule 16 of the Code of Civil Procedure, 1908 the amendment could not have been considered unless the Court return a finding that in spite of due diligence, the party could not have raised the matter before the commencement of the trial.

6. We have considered the submissions of learned counsel for the appellant and perused the record.

7. From the evidence on re