JUDGMENT :

P.C.:

1. By this Writ Petition, the petitioners have challenged order dated 25.02.2021, passed by the Court of Senior Civil Judge, Mapusa (hereinafter referred to as the Trial Court), whereby Applications for rejection of plaint at Exhibit D-13 (filed by the petitioners) and Exhibit D-15 (filed by the respondent no. 3) were dismissed. The petitioners before this Court are the original defendant nos. 1 and 2, who had filed Application for rejection of the plaint at Exhibit D-13.

2. The ground raised on behalf of the petitioners before the Trial Court, while seeking rejection of the plaint under Order VII, Rule 11(d) of the Civil Procedure Code, 1908 (CPC), was that the plaint was not verified or affirmed in terms of the mandatory requirements of Order VI, Rule 15 of the CPC. It was claimed that the said defect went to the root of the matter, thereby showing that the plaint was liable to be rejected as being barred by law. The respondent nos. 1 and 2 (original plaintiffs) filed their replies, opposing the said Application.

3. By the impugned order, the Trial Court rejected the Applications, after considering the contentions raised on behalf of the rival parties. The Trial Cour