JUDGMENT
R.S. Mohite, J.
1. Heard both sides. Rule. By consent, rule is made returnable forthwith.
2. This writ petition impugn an order passed by Civil Judge, Senior Division, Panaji dated 31-1-2007 dismissing the application at Exh.9. The said application was for recasting issue No. 3 which was in the following terms:
Whether the defendants prove that the suit property was leased by the plaintiff to late Rama Bami Gauns alias Rama Bami Kankonkar alias Rama Bami Sawant about 60 years ago?
The issue which was sought to be recast by the application at Exh.9 was under:
Whether the defendants prove that the suit property was leased by the plaintiff to late Rama Bami Gauns alias Rama Bami Kankonkar alias Rama Bami Sawant about 60 years ago and the defendants are the tenants of the property ?
3. Once the issue relating to the existence of lease was already raised, the amendment which was sought in the issue was merely clarificatory. It appears that the same was sought so that there will be no further difficulty as and when the question would arise as to whether the issue is required to be referred to the Mamlatdar. To my mind there was no reason why the issue could not have been recast as desired as the recasting of the issue would have facilitated the decision on the further question as to whether the issue is required to be referred to the Mamlatdar.
4. In the circumstances, rule is made absolute in terms of prayer Clause (b). It is made clear that all contentions raised by the original plaintiff in the suit are kept open. Petition disposed off.