1. Heard Ms. Shirodkar holding for Mr. Sudin Usgaonkar, Advocate for the applicants and Mr. Kankonkar, Advocate for respondent No.1. None appears on behalf of respondents No.2 and 3, though served.

2. Rule. By consent heard forthwith.

3. By this application, the applicants seek review of the order dated 27th July, 2011, passed in Appeal from Order No.31 of 2011, dismissing the same on the ground that the plaint could not have been rejected qua some of the defendants.

4. The applicants are defendants No.2 and 3 in Regular Civil Suit No.40/2008/A, filed by respondent No.1, against the applicants. In the said suit, the present applicants filed an application under Order VII, Rule 11(a) and (d) of Code of Civil Procedure for rejection of the plaint. The Trial Court, by an order dated 15th September, 2009, allowed the application and consequently, dismissed the suit, with costs.

5. Original plaintiff/respondent No.1 filed a Regular Civil Suit No.134/2009, before the District Court, North Goa, at Panaji, which was made over to the District Judge-2, North Goa, Panaji. The lower Appellate Court allowed the appeal and dismissed the application, thereby setting aside the order p