LAXMI JAIRAM DHOND Vs. SUSHILA D AMONKAR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith.

(2.) Heard both sides. Perused the record. The appellant has impugned the order passed by the Civil Judge, Senior Division, Panaji dated 14/02/2006, rejecting the objections raised by interested parties to list of assets in an Inventory Proceeding, filed by them.

(3.) The only question involved in this appeal is whether the trial Court ought to have seen that the objections filed by the appellant were in terms of Article 1383 of the Civil Procedure Code, applicable to the Inventory Proceeding and the question had to be decided after evidence is laid and necessary information is obtained. It was further submitted on behalf of the appellant that the trial Court could not have given finding on merits of the objections that too without following his procedure as laid down under article 1383, when the trial Court was duty bound to hold an inquiry in the matter. In other words, it is submitted that the order is passed without any inquiry, though appellant was entitled to lead evidence in the course of the inquiry.