1. This appeal throws challenge to the judgment and order dated 10th June, 2003 passed by the Additional District Judge, South Goa, Margao in RCA No.165/2001 for quashing the judgment and decree of IIIrd Addl. CJSD, Margao effecting division of the properties amongst the plaintiff and the defendant in Special Civil Suit No.270/1995/III.

2. The appellant was the defendant in the said suit instituted by his wife Filomina Fernandes - the respondent herein, for the dissolution of their marriage and separation of their properties and assets. The appellant disputed the claim for divorce made by the respondent in the said suit, and as and by way of counterclaim sought divorce with a specific pleading that he remained entitled for a decree of divorce under Article 4 sub clause 4 and 5 of law of divorce in Chapter II of Portuguese Civil Code. Additionally, he made counterclaim for the division of assets of wedlock (Casal) in terms of Article 26 and 27 in Chapter II of Portuguese Civil Code. In his written statement to the said suit, the appellant gave elaborate account of properties held by them including the properties given by the parents of the respondent plaintiff at the tim