DAMODAR RAMNATH ALVE Vs. GOKULDAS RAMNATH ALVE

JUDGEMENT

(1.) THE appeal from order is directed against the order passed by the Civil Judge, Senior Division, Margao on 30th April 1992 in an Inventory Proceedings No. 18910/75/a. By the impugned order the trial Court has revoked its order granting five days time to the appellant Shri Damodar Ramnath Alve to deposit the owelty money, cancelled earlier auction and has ordered a fresh auction to be held in respect of assets taken on auction by the appellant Shri Damodar.

(2.) THE Inventory Proceedings not being akin to the provisions of other enactments, except in the territory of Goa, Shri Usgaonkar, the learned Senior Counsel for the appellant, has apprised this Court with the Portuguese Civil Procedure Code. Articles 1369 to 1447, under Chapter XVII, deal with Inventory Proceedings. Inventory proceedings are like that of succession. It deals with the succession, partition among the legal heirs. In the partition, if the parties are not given equal shares, under those circumstances to avoid jointness, they used to be offered a bid from the interested legal heirs to the other member/members. The purpose and the object of the inventory proceedings is that the property be retained in the family and the strangers should not create any interest in the property left by the deceased member of the family.

(3.) BEING overwhelmed by the Portuguese Civil Procedure Code, I feel it my duty to quote the purpose and object behind the Portuguese Civil Procedure Code ( it be referred as P. C. P. C. ). The P. C. P. C. is commonly known as "the Code Napoleon". It is stated that the Code is the outcome of teachings of the contemporaneous French, German and Italian jurists. Civil Code regulates matter relating to family, contracts, succession and property. This was universally followed by all communities, Hindus, Muslims and Christians. This Code has the unique distinction and the privilege of already having a "uniform Civil Code", as envisaged by the Founding Fathers of the Constitution under Article 44 of the Constitution of India, which equally governs and regulates the juridical relations of its citizens, irrespective of their race, sex, caste or creed. The Code has, thus, proved to be a powerful weapon to create and forge a cohesive, well-knitted and homogeneous society with its citizens living in peace and harmony, as well as to strengthen that basic unit of the society - the family - by safe- guarding the interests of the children and of the widows. To some extent, therefore, the Code has fulfilled in the Territory of Goa, Daman and Diu that resolve so eloquently expressed in the Preamble of our Constitution to constitute India into a Secular Republic and to secure social and economic justice to all the citizens, equality of status and of opportunity and fraternity assuring the dignity of the individual. Justice Dr. G. F. Couto, Bombay High Court, on 19th December 1986 has rightly quoted in the Foreword to the book "family Laws of Goa, Daman and Diu - Volume II" written by Shri M. S. Usgaonkar, Advocate :---