JUDGMENT - R.M.S. KHANDEPARKAR, J.:---This revision application arises from the order dated 8th February, 1999 passed in Civil Misc. Appln. No. 133/98/A in Special Civil Suit No. 67/90/A by the Civil Judge S.D., Vasco-da-Gama. By the impugned order, the Trial Court has dismissed the application dated 10-7-98 filed by the petitioners for amendment of the written statement.

2.Placing reliance upon the judgment of the Apex Court in the matter of (Basavan Jaggu Dhobi v. Sukhnandan Ramdas Chaudhary (dead) through L.R.S. and others)1, reported in 1995 Supp. (3) S.C.C. 179, Shri Kantak, learned Advocate appearing for the petitioners, submitted that it is settled law that it is open to the defendant to take even contrary stands or contradictory stands in the written statement and bearing in mind the said judgment of the Apex Court, the Trial Court has clearly acted with material irregularity in rejecting the application for amendment filed by the respondents. He further submitted that by the proposed amendment, the petitioners/defendants had sought to raise an additional plea based on facts which are already pleaded in the written statement and in addition had sought leave to introduce the

Click Here to Read the rest of this document