LAWS(BOM)-2012-8-199

SEROLINA D'COSTA Vs. ANTONIO JOSE RODRIGUES

Decided On August 01, 2012
Serolina D'costa Appellant
V/S
Antonio Jose Rodrigues Respondents

JUDGEMENT

(1.) HEARD Shri J. E. Coelho Pereira, learned Senior Counsel appearing for the petitioners, Shri C. Mascarenhas, learned Counsel appearing for the respondent nos. 1 to 4 and Shri V. Menezes, learned Counsel appearing for the respondent no.5.

(2.) THE above petition challenges an order passed by the learned Civil Judge Senior Division, at Quepem, whereby the counter claim filed by the petitioners came to be rejected essentially on the ground that such counter claim was filed against the plaintiffs as well as the codefendant/ respondent no.5 herein.

(3.) SHRI V. Menezes, learned Counsel appearing for the respondent no.5 has pointed out that as per the relief which has been sought in the counter claim, such relief is as against Philip Rodrigues who according to the learned Counsel Shri V. Menezes, whose legal heir is the respondent no.5 herein. The learned Counsel further pointed out that though the respondent no.5 was not a party to the proceedings in the year 1997, the relief in the counter claim shows that such relief was also as against the respondent no.5. The learned Counsel as such submits that the petition deserves to be rejected.