Per F.M. Reis, J. - Heard Shri M.B.D. Costa, learned Senior Counsel appearing for the Petitioner and Shri P.A. Kholkar, learned Counsel appearing for the Respondent No.1.

2. Both the learned Counsel appearing for the respective parties have pointed out that taking note of the fact that the points involved in both the Revisions are common, the above Petitions can be disposed of by a common Judgment.

3. The above Petition challenges an Order passed by the learned Addl. District Judge. North Goa, at Panaji, both dated 03.09.2009, whereby applications filed by the Petitioner in both the above Petition under Order 7, Rule 11 of the Civil Procedure Code, came to be dismissed.

4. Briefly, the facts of the case are that one Minguelina Duarte was admitted in Dr. Talaulikar Nursing Home for Laparoscopy Procedure under general anesthesia on 02.02.2000. The said patient was thereafter shifted to the Goa Medical College. Bambolim, in hypoxia state and after a period of fifty days, the patient was in a vegetative state supported by life surviving supports died on 22.03.2000. A post mortem report was prepared by Dr. Sapeco and Dr. Edmund. In a letter to Sub-Divisional Magistrate dated 03.0