MARIANINHA FERNANDES VAZ Vs. PETER FERNANDES

JUDGEMENT

(1.) This is Plaintiffs Second appeal, arising from Special Civil Suit no. 129 of 1989/a and was admitted by order of this court dated 8/9/2000 on Several questions, as substantial questions oi law, involved in this Second Appeal.

(2.) At the time of hearing Shri Rao, the learned Counsel on behalf of the Respondents/defendants, raised a point of non maintainability of this Second Appeal submitting that the Second appeal is maintainable only against a decree a 'decree' as defined under Section 2 (2) read with Section 100 of Civil Procedure Code. In support of his submission Shri Rao has relied upon the case of Madan Naik v. Mst. Hansubala Devi, (AIR 1983 SC 676).

(3.) It may be stated that the plaintiff no. 1 is the sister of defendant no. 1. They were the owners of a Mundkarial house bearing number E-239, situated in Survey number 43/5 of village Taleigao, which they subsequently purchased jointly by deed dated 23/1/1987. As relations between them got strained, plaintiff no. 1 filed the suit and subsequently got her husband/plaintiff no. 2 impleaded in the suit. The said husband, namely plaintiff no. 2 expired on 21/1/1998 and the plaintiff no. 1 filed an application dated 9/9/1998 to bring on record her son and daughter in place of plaintiff no 2. The said application was objected by the defendant vide their reply dated 20/11/1998, whereupon the plaintiff no. 1 filed another application dated 26/11 /1998 for condonation of delay.