MACHADO COMPUTER SERVICES Vs. DIGINERVE NETWORKS PVT. LTD.

JUDGEMENT

(1.) HEARD Shri D. Shirodkar, the learned Counsel appearing for the petitioner. None for the respondents though served. The above petition challenges an order passed by the learned Civil Judge, Senior Division at Panaji whereby an application for amendment under Order 6 Rule of the Civil Procedure Code to incorporate an amendment to the plaint, inter alia, to include a claim for damage, came to be rejected.

(2.) THE suit came to be filed by the petitioner against the respondents for the following reliefs :

(3.) THE respondents opposed the said application filed by the petitioner. The learned Judge, by the impugned order dated 23/12/2010 dismissed the application filed by the petitioner on the ground that the petitioner had already entered the witness box and in view of the amendment in the year 2002 to the Civil Procedure Code such post trial amendment cannot be allowed as there was no averment which prevented to the petitioner to file such application.