Prakash Shrivastava, J.

Advocates Appeared :

For the Petitioner : Shri. Amit Panchal, learned counsel

For the respondent : Shri. Vikas Yadav, learned counsel

2. Heard finally with consent.

3. This writ petition under Article 227 of the Constitution of India has been filed by the non-applicant in the suit challenging the order of the Family Court dated 13.4.2015 rejecting the petitioner's application under Order 6, Rule 17 of the CPC for amending the written statement.

4. In brief the respondent has filed the application under Section 125 Cr.P.C. and after filing the reply the petitioner has filed an application under Order 6, Rule 17 CPC which has been rejected by the trial court.

5. Learned counsel for the petitioner submits that amendment was based upon the subsequent knowledge of necessary facts which ought to have been allowed.

6. Learned counsel for the respondent has opposed the application and has submitted that test of due diligence is not satisfied and the facts were within the knowledge of the petitioner from before.

7. Having heard learned counsel for the partoes and on perusal of the record, it is noticed that the trial Court has passed an elaborate order and has assigned