2. By consent heard forthwith.

3. The petitioners herein are the plaintiffs in R.C.S. No. 279/2000/C. In this Writ Petition, they challenge the Order dated 10-1-2008 of the learned Civil Judge, Junior Division at Panaji by which the plaintiffs application dated 9-102007 to strike off the additional written statement dated 3-3-2004 has been rejected.

4. The plaintiffs had filed the said Civil Suit inter alia seeking a declaration that they were the tenants of the suit premises and in the alternative had also prayed for recovery of possession of the said suit premises in case it was held that they were dispossessed.

5. The defendant No.2 resisted the suit pleading that Rajaram Wagle, the predecessor in title of the plaintiffs who was the tenant in respect of the suit premises had surrendered the possession of the suit premises, wherein he along with defendant No. 1 used to carry on the business of retail and wholesale of liquor. The defendant No. 1 had resisted the suit pleading that he was inducted in the suit premises by defendant No.2 for carrying on the said business.

6. During the pendency of the suit, defendant No.2 expired and by virtue of Order dated 10-12-2003 t