IN THE HIGH COURT OF BOMBAY AT GOA LETTER PATENT APPEAL NO. 1 OF 2010 IN WRIT PETITION NO. 177 OF 2010 MR. EDWARD IVAN PEREIRA & ANR., ... Appellants Versus MR. GONCALO JOSE AGNELO LOURENCO & ANR., ... Respondents Mr. S. Voditel, and Mr. Iftikhar Agha,Advocates for the Appellants. Coram:- A. P. LAVANDE & SMT. R. P. SONDURBALDOTA, JJ. Date:- 28th September, 2011 P.C.:- Heard Mr. Voditel, learned Counsel for the appellants. By this Letters Patent Appeal, the appellants take exception to the order dated 30.4.2010 by which the learned Single Judge has dismissed the writ petition against an order dated 9.12.2009, passed in Regular Civil Suit No.92/2009, dismissing an application dated 16.7.2007 filed by the appellants herein under Section 151 CPC, on merits. 2. In our considered opinion, since the application under Section 151 of C.P.C. was not maintainable and the stand taken in the application ought to have been taken in the written statement filed by the appellants, the interest of justice would be served by permitting the appellants to take the defence by filing an application for amendment in the written statement filed by them and, in case, such a defence is taken in the written statement, the trial Court shall proceed to deal with the same in accordance with law. 3. We have been informed by the appellants that the trial has not yet begun and, as such, we permit the appellants herein to file an application for amendment, in case the appellants so desire. The appeal stands disposed of. A. P. LAVANDE, J. SMT. R. P. SONDURBALDOTA, J. ssm.