SONU VITHU GAUNS Vs. TUKARAM MAHADEV GAUNS

JUDGEMENT

(1.) RULE. By consent of the learned counsel for the petitioners heard forthwith.

(2.) BY this petition, under Article 227 of the Constitution of India, the petitioners challenges two orders dated 17/9/2010 passed by the Civil Judge, Junior Division C Court, Panaji in Regular Civil Suit No.38/08/C disallowing two applications filed by the petitioners seeking amendment of the written statement filed by plaintiffs to the counter claim and seeking leave to produce three documents in view of the proposed amendment.

(3.) PER contra, Mr. Pangam, learned counsel appearing for the respondents submitted that the proposed amendment is not necessary for deciding the real matters in controversy between the parties and although the reason given by the trial Court is not sustainable in law, the amendment sought for by the plaintiffs does not deserve to be allowed and consequently no interference is warranted with the impugned orders.