THOMAS M.PEREIRA Vs. ANNA R. D'SILVA

JUDGEMENT

(1.) MR .R.D.Soni, learned Advocate at the hearing mentioned that he has already withdrawn his appearance and papers have been returned to the Original Plaintiffs/Respondent Nos.1 to 4. Liberty granted to him to withdraw his appearance. Ms.Suman Jain appears for Respondent Nos.1 to 4.

(2.) THE Petitioners in this Petition impugns the Order dated 24th June 1996 passed below Exhibit, No.1 on preliminary issue in Regular Civil Suit No. 776 of 1988. By the said order, the Court has rejected the preliminary issue which had been raised viz. whether the suit is barred by law of limitation? This issue was heard as a preliminary issue consequent to an order passed by this Court in Civil Revision Application No.673 of 1988 decided on 30th April 1991.

(3.) THIS Court in earlier proceedings arising from the same matter while disposing of the Civil Revision Application against the failure by the trial Court to decide the preliminary issue had observed in para 8 that in the fourth suit there is a slight difference in the averments. Thereafter in paragraph 10 the Court also noted that an application for amendment had been moved by the Plaintiffs and that if the amendments were allowed then perse the contentions raised by the Defendants that the suit is not maintainable may not stand at all as in the amendment the Plaintiffs seek to add additional parties and also plea of collusion relating to certain documents which according to the Plaintiffs have been brought in existence fraudulently for the purpose of defeating the case of the Plaintiffs.