JUDGMENT:- This appeal filed by the defendants against the judgment dated 8-3-1968 of the Senior Civil Judge at Margao raises the question of limitation, it being the contention of the plaintiffs-respondents that it is barred by time. The rival contention is that the appeal is within time, having been filed within 90 days provided by Article 116 of the Limitation Act of 1963.

2. The suit was filed by the plaintiffs-respondents in the Comarca Court at Margao on 15-3-1960. It was decreed by a judgment dated 8-3-1968 and the appeal was filed on 25-6-1968. Shri M. S. Usgaonkar, the learned counsel for the respondents, submitted that the suit having been filed under the Portuguese Civil Procedure Code, hereinafter called the Portuguese Code, the appeal could be filed in terms of that Code and not in terms of the Civil Procedure Code of India, hereinafter referred to as the Indian Code, which came into force in the Union Territory of Goa, Daman and Diu on 15-6-1966. According to the provisions of the Portuguese Code, it is not in dispute, the appeal has to be filed in the Court which decides the suit. Shri Usgaonkar therefore submitted that the defeated defendants could not have lodged

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