The court emphasized the need for liberal allowance of amendments to pleadings and awarded costs to the plaintiffs.

1. Heard learned counsel for the parties. rUle. By consent, heard forthwith.

2. By this petition, the petitioners take exception to the order dated 6th september, 2011 passed by the civil judge, s. D., vasco in special civil suit no.65/1997/b by which the application for amendment dated 26 th july, 2011 filed by respondent nos.5 and 6/ defendant nos. 5 and 6 in the suit, has been allowed. The parties shall hereinafter be referred to as per their status before the trial court.

3. The petitioners are the plaintiffs in the above suit filed against the respondents/ defendants seeking relief of declaration that the sale deeds dated 21 st may, 1996 and 19 th september, 1996 are null and void. The plaintiffs have also sought further declaration and permanent injunction against the defendants. The defendant nos.5 and 6, who were joined in the suit at the later stage, filed written statement in january, 2007. Thereafter, the plaintiffs sought leave to produce power of attorney dated 22 nd november, 1975 executed by ana maria fermina trinidade saldanha e cunha in favour of augusto antonio francisco maria do rosario rodrigues which was allowed by the trial court in spite of the objection from the defendants including defendant nos.5 and 6. Thereafter, defendant nos.5 and 6 moved an application on 26 th july, 2011 seeking to amend the written statement in terms of the draft amendment annexed to the said application. By the draft amendment, these defendants inter alia seek to challenge the alleged power of attorney executed by ana maria fermina trinidade saldanha e cunha. By the proposed amendment, these defendants have also challenged the gift deed dated 24 th november, 1975, which was executed on the basis of the said power of attorney. The application for amendment was opposed by the plaintiffs. The trial court by the impugned order dated 6 th september, 2011 allowed the application. The plaintiffs have challenged the said order by filing the present petition.

4. Mr. Diniz, learned counsel appearing for the petitioners submitted that by the proposed amendment, the scope of the suit has been completely changed inasmuch as initially defendant nos.5 and 6 had not denied the execution of the power of attorney nor thrown any challenge to the power of attorney or the gift deed. Learned counsel further submitted that defendant nos.5 and 6 are guilty of laches inasmuch as the application for amendment has been filed after a considerable delay. Learned counsel further submitted that neither the application for amendment has been verified nor any affidavit has been filed in support of the application. Mr. Diniz, therefore, submitted that on these grounds the impugned order is liable to be set aside. In support of his submissions, mr. Diniz placed reliance upon the following judgments : (i) gautam sarup vs. Leela jetly and others; (2008)7 scc 85 . (ii) chander kanta bansal vs. rAjinder singh anand; (2008)5 scc 117.

5. Per contra , mr. Thali, learned counsel appearing on behalf of respondent nos.5 and 6 submitted that since by the impugned order the trial court has allowed the amendment of the written statement, the petitioners / plaintiffs cannot be said to be aggrieved and no prejudice would be caused to the plaintiffs if the proposed amendment is allowed. Learned counsel further submitted that the impugned order can be challenged by the plaintiffs in an appeal under section 105 of c.p.c. In case decree is passed against the plaintiffs. According to the learned counsel, delay on the part of defendant nos.5 and 6 is not as such so as to disentitle these defendants from seeking amendment of the written statement. Mr. Thali fairly submitted that the trial court at the most could have imposed the costs on defendant nos.5 and 6 while allowing the application for amendment. Learned counsel further submitted that the application for amendment need not be verified and non-verification cannot be the ground for dismissal of the application since