CONCEPTION FERNANDES Vs. TASNEEM SHAIKH

JUDGEMENT

(1.) This Writ Petition is directed against the order dated 2.9.2013 passed on an application at Exh.84 filed under Order 6, Rule 17 CPC in Regular Civil Suit No. 20/2010/A by the Civil Judge, Senior Division, Vasco-da-Gama.

(2.) The petitioners, who are original defendants filed an application under Order 6, Rule 17 CPC for amendment of their written statement. By the proposed amendment, the petitioners submit certain clarifications were sought to be introduced in the written statement so as to elaborate the stand and the defence taken by the petitioners. It was their contention that these pleadings were necessary for deciding the real controversy involved in the case and could not have been incorporated by them in the written statement earlier inspite of due diligence on their part. They submitted that their earlier counsel was instructed on these facts by them but he was of the opinion that it was not necessary to include them in the written statement as basic facts were already stated therein. It is also submitted by them that they believed in the ability and extra ordinary knowledge of the advocate on record and therefore, did not press for inclusion of these pleadings in the written statement.

(3.) Amendment application was strongly opposed by the respondents/original plaintiffs. It was their contention that the trial of the suit having been commenced and no ground having been shown by the petitioners in terms of the proviso to Rule 17, Order 6 CPC, the application could not be allowed.