1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 8 OF 2008 Shri Shashi Kamat Panajikar, major in age, Indian National, Resident of Veling, Mardol, Goa. ... Petitioner V/s 1. Shri Ramkrishna alias Sudin Dhavlikar, major in age, Indian National, Resident of Bandora, Ponda, Goa. 2. The Editor, Goa Times, having office at Shiv Towers, Patto Plaza, near KTC Bus Stand, Panaji, Goa. 3. Shri Ulhas Shantaram Ghosalkar, Publisher, Goa Times, Having office at Shiv Towers, Patto Plaza, Near KTC Bus Stand, Panaji, Goa. ... Respondents Mr. V.A. Lawande, Advocate for the Petitioner. CORAM : N.A. BRITTO, J. DATE : 10 th JANUARY, 2008 ORAL JUDGMENT : Rule. Heard forthwith. 2. Heard Shri Lawande, the learned Counsel on behalf of the Petitioner, who is the defendant in SCS No. 130/2002/B. 3. Shri D. Pangam, the learned Counsel is present, but pleads lack of 2 instructions. Considering the facts of the case, notice to the Respondents is dispensed with. 4. It appears that the defendant no.1 had filed an application for amendment of the written statement but when the same came up for hearing on 27/11/2007, the defendant's Advocate was absent but appeared subsequently and sought leave to file written arguments. In case the defendants were absent when the defendants' application for amendment was taken up for hearing, the right course open for the learned Civil Judge would have been to dismiss the said application for default and proceeded with the suit. However, this did not happen and ispite of the request of the defendants to file written arguments, the same was rejected. 5. Considering the facts of the case, the impugned order dated 27/11/2007 is hereby set aside and the learned Civil Judge Senior Division is hereby directed to dispose of the said application for amendment of the defendants, after hearing both the parties. Parties are directed to remain present before the learned Civil Judge Senior Division on 17th instant. 5. Rule made absolute on the above terms. N.A. BRITTO, J. NH/-