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2008 Supreme(Bom) 1761

A.P.LAVANDE
Shalini Nunes Mascarnehas – Appellant
Versus
Trevor Nunes – Respondent


Advocates:
Advocate Appeared:
Ms. Kantak, Advocate for the appellants.
Mr. S. Bharne, Advocate for the respondents.

Judgment

A.P. Lavande, J.

Heard Ms. Kantak, learned counsel for the petitioners and Mr. S. Bharne, for the respondents.

2. Rule.

3. By this petition, the petitioners challenge order dated 29.4.2008 passed by Ad-hoc Civil Judge Senior Division, "B" Court, Panaji in Regular Civil Suit No. 102/2007/B by which the learned Judge has refused to take on record the written statement filed by the petitioners.

4. The petitioners are the plaintiffs in the above suit filed against the respondents. On 2.2.2008, the defendants filed written statement in the suit and also filed counter-claim. Thereafter, the matter was fixed on 18.2.2008. The plaintiffs sought time to file written statement. The learned Judge stated that the written statement had to be filed within limitation and the matter was adjourned to 2.4.2008 and again an application seeking time to file written statement was filed before next date of hearing and the matter was fixed on 29.4.2008. The plaintiffs lodged written statement to the counter-claim with the clerk of the Court on 18.4.2008. By the impugned order, the trial Court has refused to take the same on record. On the ground that it was filed beyond the period of limitation and i







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