VERA LELISA VIEGAS PEREIRA Vs. AGNELO CAETANO COLACO

JUDGEMENT

(1.) Heard Shri. Shivan Desai, learned Counsel appearing for the Petitioner and Shri Vernekar, learned Counsel appearing for the Respondents. Rule. Heard forthwith, with the consent of the learned Counsel appearing for the respective parties. Learned Counsel appearing for the respondents, waives service.

(2.) The above petition challenges the orders passed by the learned civil Judge, Junior Division, at Margao, 'E' Court, whereby an application for amendment filed by the Petitioners as well as an application to produce additional documents came to be rejected.

(3.) Shri. Desai, learned Counsel appearing for the Petitioner, has assailed the impugned order on the ground that the application for amendment was filed by the petitioner on the premise that subsequent to the filing of the suit, the petitioner learnt about the actual extensions carried out by the respondents. Learned Counsel further pointed out that the learned Judge has erroneously dismissed the application on the ground that the petitioners want to wriggle out from a situation where their claim is barred by limitation. Learned Counsel further submits that in the facts and circumstances of the case, the relief sought by the petitioner was, inter aha, for restoration of possession of the suit house occupied by the respondents and, as such, the relief which is sought to be incorporated was in fact part of the relief which was already sought by the Petitioner in the original plaint. Learned Counsel further pointed out that even in the original plaint, there was an averment with regard to the illegal extension carried out by the Respondents. Learned Counsel has taken me through the impugned order dismissing the application for amendment and submitted that the learned Judge has erroneously dismissed such application. With regard to the next impugned order, Shri. Desai, learned Counsel appearing for the petitioner, has pointed out that he has a plan prepared depicting the illegal extension done by the respondents in the suit property. Learned Counsel further pointed out that the respondents are claiming to be Mundkars which contention is disputed by the petitioners. Learned Counsel further submits that the learned Judge has erroneously dismissed the application for production of documents on totally erroneous grounds.