URSULA RENHA RUMALDINA Vs. FATIMA CONCEICAO TONY

JUDGEMENT

(1.) Heard Mr. Nigel Costa Frias, learned Advocate for the petitioners, Mr. P.S. Lotlikar, learned Advocate for respondent nos. 1 and 2, Mr. R. Menezes, learned Advocate for respondent No. 3 and Mr. B. Rodrigues, learned Advocate for respondent No. 4. Rule. By consent heard forthwith.

(2.) By this petition the petitioners challenge order dated 25/4/2012 passed by learned Civil Judge, Junior Division, Margao in Regular Civil Suit No. 219/2011/C by which the application dated 11.4.2012 for restoration of the suit qua defendant nos. 4 and 5 filed by the petitioners has been dismissed.

(3.) The petitioners filed the above suit against respondents/defendants seeking reliefs of declaration, permanent injunction and mandatory injunctions. Record discloses that on 26.3.2012 notices were issued to defendant nos. 4 and 5, but copies were not given by the plaintiffs. On 9.4.2012 learned trial Judge dismissed the suit as against newly added defendant nos. 4 and 5 on the ground that no steps were taken by the plaintiffs to serve defendant nos. 4 and 5. An application under Order 9 Rule 4 was filed by the plaintiffs for restoration of the suit as against defendant nos. 4 and 5. The said application has been dismissed by learned trial Judge by passing following Order:-