SHRI ORLANDO DIAS AND ANOTHER Vs. THE ADDITIONAL DEVELOPMENT COMMISSIONER, GOA, DAMAN AND DIU, PANAJI, GOA AND OTHERS

JUDGEMENT

(1.) This first appeal is preferred by the plaintiff. The plaint has been rejected by the trial Court under Order 7, Rule 11 of the Code of Civil Procedure.

(2.) The parties are referred to in this judgment as per their status before the trial Court.

(3.) The plaintiff initially sued the defendants for specific performance and possession of land as per agreement dated 9.11.1984. The suit was decreed in March, 1988. In the first appeal decided on 16th July, 1992, the judgment and decree was quashed and the matter was remanded to the trial Court for disposal of the suit. This was because before the appellate Court, Le. this Court, it was claimed by the defendants that the land is notified as a forest land. An amendment of that effect was allowed by this Court. In the first appeal, this Court also allowed the plaintiff to amend her pleadings for moulding his reliefs. The parties were also allowed to lead fresh evidence.