MR. OSCAR MASCARENHAS, AGED 39, RESIDENT OF HOUSE NO. 12, SARVADO, NAVELIM, SALCETE GOA Vs. MR. COLLIN JOSEPH MASCARENHAS, SON OF LATE ANTONIO MASCARENHAS, ALIAS ANTONIO RUMALDO DO CORACAO DE JESUS MASCARENHAS, BUSINESSMAN AND HIS WIFE,

JUDGEMENT

(1.) HEARD Mr. V. Menezes, learned Advocate for the petitioner and Mr. M. P. Almeida, learned Advocate for respondent nos.1 and 2. By consent of learned counsel for the parties, the petition is taken up for final disposal. Hence Rule. Heard forthwith.

(2.) BY this petition under Article of the Constitution of India, the petitioner challenges order dated 16.4.2011 passed by Civil Judge, Senior Division, Margao in Regular Civil Suit No. 121/2004/A by which an application dated 29.11.2010 filed by the present petitioner to bring him on record as legal representative of the original plaintiff has been dismissed.

(3.) THE suit was contested by respondent nos.1 and 2 to whom the properties were sold/gifted. While the evidence of the plaintiff was being recorded the original plaintiff expired on 21.10.2010 and on 29.11.2010 the present petitioner claiming to be legatee pursuant to the Will dated 21.9.2006 executed by the original plaintiff sought to bring himself on record as legal representative of the original plaintiff. The said application was opposed on behalf of defendant nos.1 and 2/respondent nos. 1 and 2 herein primarily on the ground that the original plaintiff was of unsound mind at the time of execution of Will in favour of the present petitioner.