SHUBHADA K. BORKAR Vs. ANKUSH RAJARAM NAIK

JUDGEMENT

(1.) Heard Mr. Shivan Desai, learned Counsel appearing for the petitioner and Mr. J.E. Coelho Pereira, learned Senior Counsel appearing for Respondent No. 2. Rule. Heard forthwith with the consent of the learned Counsel.

(2.) The learned counsel appearing for the respondent No. 2 waives service.

(3.) A short point for consideration in the above Writ Petition is as to whether the learned Trial Judge was justified to pass the order impugned in the present petition dated 31.10.2012 dismissing the application for amendment filed by the petitioner on the ground that such application was not maintainable in the course of the proceedings under Order 21, Rule 97 of CPC.