PRABHAKAR D. SHIRWAIKAR Vs. MALINI XETE PARKER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith with the consent of the learned Counsel appearing for the parties. Learned Counsel for the respondent waives service.

(2.) Heard rival arguments at length on this criminal revision application challenging the orders dated 23/09/2008, 17/01/2012 and 10/01/2014 passed by Civil Judge Junior Division, Ponda Goa passed on respective applications made on different dates and which are exhibits D- 11, D-47 & D-63, respectively. Last impugned order was passed on 10/01/2014 on the application preferred by the present petitioners/original defendants no.1,2 & 3 filed under the provisions of Section 151, Order 7 Rule 11(d) and Order 14 Rule 2(2)(a) of Code of Civil Procedure. The trial Court framed three points as follows and answered them in negative.

(3.) Last impugned order and earlier two impugned orders were passed in Regular Civil Suit No.21/08/C preferred by the original plaintiff, present respondent no.1.