1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.221 OF 2007 WITH CIVIL APPLICATION NO.394 OF 2007 Mrs.Laura Furtado & Anr. .. Appellants. Versus Chemox Exports Imports Pvt.Ltd. .. Respondents. Ms.Yuonne Maria Furtado for the appellant in person. Mr.N.P. Bhavsar for the respondents. CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & J.P. DEVADHAR, J. J.P. DEVADHAR, J. J.P. DEVADHAR, J. DATED : 14th February, 2008 DATED : 14th February, 2008 DATED : 14th February, 2008 P.C. : 1. By consent of parties, the appeal is taken up for hearing. We have heard the appellant who appears in person and counsel for the respondents. 2. The respondents herein had filed a suit for recovery of possession of the suit premises on the ground of bona fide requirement. During the pendency of the suit, an application was filed by the plaintiff for amendment of the suit which was allowed by the learned Small Causes court. This order was impugned before the High Court. The learned Single Judge vide order dated 11-9-2007 varied the order by allowing amendment to some extent and while partially setting aside the order 2 held as follows : "2. Having heard the parties at length, I am of view that the amendment proposed in para 1 of Schedule - I ought to be allowed since it mainly refers to an alternate accommodation said to be available to the defendants i.e. twin bungalow bearing M.H.N. 211 (door nos.211-A and 211-B) and bungalow no.216. Similarly, it is not necessary to allow para 2 to Schedule- I since that is a matter of evidence and it is not necessary to plead evidence. As regards para.3 of the Schedule, I am of the view that the said paragraph should be allowed to be introduced since it refers to a family settlement after the filing of the suit. As regards paras, 4 and 5, they are matters of evidence and, hence, they need not be pleaded." 3. Aggrieved from the said order, present appeal has been filed. The appellant primarily argues that there was delay on the part of the respondents in exercising due diligence and the amendment could not be allowed at this stage. She further states that the observations made by the learned Single Judge for expeditious disposal of the suit are being misconstrued by the learned Small Causes Court and adjournment for such a short period are granted, which are practically frustrating the very right of the appellant to defend the suit. 4. We are unable to accept the first contention raised on behalf of the appellant. The courts have exercised their judicial discretion and had allowed the amendment. The amendments which were allowed by 3 the Trial Court has further partially been confirmed by the order dated 11-9-2007 passed by the learned Single Judge. The law in relation to amendment of pleadings has received liberal construction in the recent past and in the present case the plaintiff has primarily relied upon subsequent events for seeking amendment to the suit. This amendment has been allowed and in fact as pointed out during the course of hearing all the amendments have been carried out, amended written statement has been filed and even additional reply by way of additional written statement has also been filed. In these circumstances and in any case it will hardly be appropriate that this Court should set aside the order impugned in the present appeal, particularly when the Court has exercised its judicial discretion, which is not in conflict with the settled principles of law. 5. However, we do observe that the appellant before this Court should be given a fair opportunity to defend the case and we direct the Trial Court to take due care of the right of appellant to defend the suit does not frustrate because of too short adjournments being granted. 6. With these observations, the appeal is disposed of with no order as to costs. 4 7. As the appeal itself is disposed of, nothing further survives in the Civil Application. The same is also disposed of with no order as to costs. CHIEF JUSTICE J.P. DEVADHAR, J.