NARENDRA BHIMSEN PATIL Vs. SURENDRA B BORKAR

JUDGEMENT

(1.) By consent of the parties, the petition is taken up for final hearing as the petition involves a short question.

(2.) The petitioners are defendant nos.9 to 15 before the Trial Court in Special Suit No.18/2012/A on the file of the learned Civil Judge, Senior Division, Panaji. The said suit is filed by the first respondent, who appears in person. A perusal of the plaint shows that the suit is filed under Order XXXVII of the Code of Civil Procedure (Code, for short) as a Summary Suit.

(3.) It appears that the petitioners filed an application purportedly under Order XXXVII Rule 3(5) of the Code in the said suit, which has been rejected by the learned Trial Court by the impugned order dated 08/01/2013.