ORDER :- This is a petition filed on behalf of the petitioner, Joaquim Santana Simplicio da Silva, under Section 8(2)(b) of the Goa, Daman and Diu (Judicial Commissioner's Court) Regulation, 1963, praying for the reasons mentioned therein that the order passed by the learned Comarca Judge dated 10th February 1967 be set aside.

2. The facts leading to this petition may be broadly stated. A summary execution suit for recovery of Rs. 250 together with interest etc. was filed by respondent No. 2 against respondent No. 1 on 4th November 1963 in the Court of Comarca Judge of Salcete. After respondent No. 1 was served with summons respondent No. 2 claimed recovery of an additional sum of Rs. 325. The petitioner had also a claim against the respondent No. 1 and consequently he intervened in the suit on 5th August 1965. The claim preferred by him was for recovery of Rs. 4,500. The learned Comarca Judge, after considering the evidence led by the petitioner and respondent No. 2, passed an order on 26th November 1965. In that order it was directed that the claims of the petitioner and respondent No. 2 may be paid out of the assets of the respondent No. 1 in proportion to the assets owned by res

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