JUDGMENT

C V Bhadang, J. - By this civil revision application under section 115 of the Code of civil procedure (CPC for short) the petitioner,original defendant No. 2(a) is seeking rejection of the plaint in Civil Suit No. 16 of 1992.

2. The brief facts necessary for the disposal of the application may be stated thus:

That the first respondent M/s Gammon India Ltd (plaintiff) has filed the aforesaid suit against M/s I.K.Marine Charterers (defendant No. 1) and others, for recovery of money and mandatory injunction.

3. The case made out in the plaint is that the plaintiff is a company engaged in the business of civil constructions including construction of dams and bridges etc. The original defendant nos 1 and 3 are respectively the charterers and owners of a vessel viz I. K. Malika which is operated in the inland waters Goa. The defendant No. 4, M/s New India Assurance Co. Ltd., is the insurer of the vessel under a comprehensive policy effective from 1.9.1988 to 31.8.1989. The defendant No. 5 was the Captain of the said barge on 11.2.1989.

4. The plaintiff was engaged by the PWD for the work of Recommissioning and rehabilitation of the Collapsed Mandovi Bridge (Nehru Bridge). The pla