FRANCIS ESPERANCE Vs. CALANGUTE DON BOSCO WELFARE FOUNDATION

JUDGEMENT

(1.) Heard Shri M. S. Joshi, learned Counsel appearing for the Petitioner, Shri M. B. D' Costa, learned Senior Counsel appearing for the Respondent nos. 1 and 2 and Shri Timble, learned Counsel appearing for the Respondent no. 3. Rule.

(2.) Heard forthwith with the consent of the learned Counsel appearing for the parties. Learned Counsel appearing for the Respondents waives service.

(3.) The above Petition challenges the Order dated 24.02.2011, whereby the application filed by the Petitioner for transposition under Order 1 Rule 10 of the Civil Procedure Code came to be rejected. At the hearing of the above Petition, on perusal of the application filed by the Petitioner, I have noticed that apart from seeking transposition, the Petitioner has not sought for any consequential amendment to the plaint which would be necessary to consider the matter in controversy and taking note of the original pleadings in the plaint. When this aspect was pointed out to the learned Counsel appearing for the Petitioner, Shri Joshi, upon instructions, pointed out that he shall file an appropriate composite application seeking transposition as well as consequential amendment to the plaint. The learned Counsel appearing for the Respondents have no objections, provided their respective contentions on merits are left open.