FELIX MILAGRESE REVERDO Vs. PIEDADE COSTA

JUDGEMENT

(1.) HEARD Shri G. Teles, learned Counsel appearing for the petitioners.

(2.) The above petition challenges the order dated 29.04.2011 passed by the learned Civil Judge Junior Division, Ponda, in Portuguese Civil Misc. Application No. 25/2010/B in Inventory Proceedings No. 45/2008/B whereby the application filed by the petitioners to reopen the inventory proceedings on the ground that the petitioners being the interested parties in the inheritance left behind by the estate leavers were not made parties therein and the remaining interested parties in the said proceedings have fraudulently effected partition of the inheritance of the estate leavers. It is further the contention of the petitioners that the documents produced by the respondents to claim a right of the inheritance were forged documents and as such the final judgment passed in the Inventory proceedings deserves to be quashed and set aside and the inventory proceedings are to be re -opened.

(3.) SHRI Teles, learned Counsel appearing for the petitioners has assailed the impugned order and pointed out that the case is made out by the petitioners under Article 771 of the Portuguese Civil Procedure Code and not under Article 1427 part 2 of the said Portuguese Civil Procedure Code, as according to him, the documents produced by the respondents were false documents and as such the learned Judge has jurisdiction to entertain the application within the provisions of law. The learned Counsel has further taken me through the Baptism certificates and birth certificate of the respondents produced before the inventory Court and pointed out that one of the said documents does not have the signature of Parish Priest whereas the other document has signature without seal and as such according to him the said documents are false documents which could not be relied upon. The learned Counsel further pointed out that the judgment relied upon by the learned Judge is distinguishable on facts as according to him the grounds made out by the petitioners are within the scope of Article 771 of the Portuguese Civil Procedure Code. The learned Counsel as such submitted that the impugned order deserves to be quashed and set aside.