1. The revision petitioner is the plaintiff before the Court below and he is aggrieved by the order passed by the learned Munsiff on an application for amendment of the plaint under O.VI, R.17. The suit as instituted initially was one for injunction simpliciter. On the allegation that during the pendency of the suit, the defendants perpetrated trespass and therefore the proposed amendments were necessitated and the application for amendments was filed. The contention of the respondents/ defendants was based on the proviso to O.VI, R.17 introduced by the Code of Civil Procedure Amendment Act, 2002 under which the amendments will not be allowed after the commencement of the trial unless "the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of the trial". The learned Munsiff had accepted this contention since he did not find any averment in the affidavit in support of the amendment application in the context of the proviso. The amendment application was filed admittedly before any of the parties or other witnesses were examined in the suit. According to the learned Munsiff, it is well-settled p