MARTHA ELIAS SANTIMANO Vs. ANASTIACIO CONCEICAO RABINDRANATH DIAS

JUDGEMENT

(1.) THIS Petition takes exception to the Order dated 31. 01. 2004, passed by the learned Civil Judge, Junior Division, Margao, by which Order, the application exhibit 10-D/a, filed by the Petitioners for taking the written statement on record, came to be rejected.

(2.) THE Petitioners are the original Defendant nos. 3 and 4 in the suit filed by the Respondent nos. 1 and 2 herein, who are the original Plaintiffs. The Defendant nos. 1 and 2 and Defendant nos. 3 and 4 i. e. the Petitioners herein, filed applications for taking their written statement on record as the said written statements were not filed within the time stipulated in the Civil procedure Code. The two applications were rejected by the Trial Court by orders though not common but identical to each other as the grounds mentioned in the applications by the two sets of Defendants were also identical.

(3.) IN so far as the application filed by the Defendant nos. 1 and 2 i. e. the Respondent nos. 3 and 4 herein, the rejection of their application was challenged by them by filing Writ Petition no. 241/2004 which was allowed by this Court by Order dated 05. 10. 2009 and the written statement of the said defendants was directed to be taken on record.