STATE OF GOA Vs. NAGUESH GAD

JUDGEMENT

(1.) HEARD rival submissions on this first appeal preferred by the appellants/original plaintiffs. The challenge in the first appeal is to the order passed by the District Judge -III, North Goa, Panaji dated 26/8/2008 in Civil Suit No.50/2008. Said impugned order was passed on the application preferred by the present respondent/original defendant for rejection of the plaint under provisions of Order 7 Rule 11(d) of the Civil procedure Code. Said application was finally heard and disposed off by the impugned order rejecting the plaint of the plaintiffs/present appellants and closing the proceeding of Civil Suit No.50/2008.

(2.) THE Civil Suit No.50/2008 was filed by the plaintiffs/appellants for declaring that the suit property surveyed under no.21/0, 22/0 and 23/0 of village Paliem, Pernem Goa belongs to the plaintiffs and that the defendant does not have any right over the said property. Plaintiffs also prayed for setting aside the order of the Administrative Tribunal dated 16/7/2007 and also challenged the initial order dated 29/1/1998 passed by the Dy. Collector and S.D.O, Mapusa.

(3.) IN order to appreciate the arguments advanced by rival parties and mainly the argument on behalf of the plaintiffs/appellants that the suit was filed within the period of limitation of one year as per section 14(4) of the Land Revenue Code applicable to Goa, the factual position as to passing of different orders is required to be mentioned as under: