MENINO FERNANDES Vs. GABRIEL FERNANDES

JUDGEMENT

(1.) Heard the Advocates for the parties. By consent Rule is made returnable forthwith.

(2.) The petitioner challenges the Order dated 27th September, 2005 passed by the trial Court, Quepem rejecting the application filed by the petitioner for amendment of his plaint. The trial Court has rejected the application solely on the ground that the proposed amendment would result in allowing a plea to be introduced in the pleadings which is inconsistent with and disruptive of the original plea.

(3.) A plain reading of the application for amendment discloses that the petitioner has sought to amend the plaint on the ground of certain plea raised by the respondents in the written statement denying the title of the petitioner. Undisputedly, the original suit is for injunction simpliciter against the respondents whereby the respondents were sought to be restrained from interfering in the property of the petitioner including the part of the house situated in the property, while claiming that only two rooms were let out to the respondents. While contesting the said case, the respondents came out with the defence whereby they denied the claim of the petitioner that they are the lessees in relation to the two rooms of the house, and at the same time claimed to be in lawful possession of the entire house. Having denied the title of the petitioner to the house property, the petitioner sought to amend the plaint by introducing the pleadings regarding such denial of title and consequential relief on that count. The same was rejected by the trial Court. Hence the petition.