F.M. Reis, J. —Heard Shri C. A. Coutinho, learned Counsel appearing for the Petitioner and Shri Sudin Usgaonkar, learned Counsel appearing for the Respondent.

2. Rule. Heard forthwith with the consent of the learned Counsel.

3. Shri Usgaonkar, learned Counsel appearing for the Respondent waives service.

4. The above Petition challenges the Order dated 15.2.2011 passed by the learned Additional District Judge, Fast Track Court-I, Margao, whereby the application for amendment filed by the Petitioner under Order VI, Rule 17 of the. Civil Procedure Code, to amend the written statement, came to be rejected.

5. Shri Coutinho, learned Counsel appearing for the Petitioner, has assailed the impugned Order and pointed out that the learned Judge has essentially refused the application for amendment on the ground that the Petitioner was very well aware about the pleadings sought to be incorporated at the time of the filing of the written statement. The learned Counsel pointed out that all the facts which are sought to be incorporated came to the knowledge of the Petitioner during the pendency of the Appeal and for which reason, an application to produce additional documents which came to h