A.P. Lavande, J.@mdashHeard Mrs. Agni, learned Counsel for the Petitioners and Mr. Da Costa, learned Senior Counsel for the Respondents.
2. Rule. By consent, heard forthwith.
3. By this revision application, the Petitioners challenge order dated 6/10/2010 passed in Civil Suit No. 6/09/A, by which the application filed by
the Petitioners under Order 7 Rule 11 of the CPC has been dismissed.
4. The Respondent Nos. 1 and 2 filed the above referred suit against the Petitioners and some other Defendants seeking relief of declaration. The
Petitioners are Defendant Nos. 21,22 and 23 in the above referred Special Civil Suit No. 6/09/A filed by the Respondents in the court of Civil
Judge, Senior Division, Panaji. The said application was opposed by the Plaintiffs and by the impugned order the Trial Judge had dismissed the
application.
5. The only point urged by Mrs. Agni in support of the revision application is that although it was specifically the case of the Petitioners in the
application that the suit filed by the Plaintiffs was barred by limitation and, as such the plaint was liable to be rejected, the Trial Court in the
impugned order has not dealt with the said issue which the Trial Court was required to do. She therefore submitted that the impugned order is
liable to be quashed and set aside.
6. Mr. Da Costa, learned Senior Counsel for the Respondents fairly concedes that the learned Trial Judge has not dealt with the issue which was
raised before it. He further submitted that the Plaintiffs would file an application for amendment before the trial court.
7. I find that the concession made by the Mr. Da Costa, learned Senior Counsel deserves to be accepted. Perusal of impugned order discloses
that the learned Trial Judge has nowhere dealt with the issue raised by the Petitioners/Defendant Nos. 21 to 23 which was required to be decided
while deciding the application filed under Order 7 Rule 11 of CPC On this point alone , the impugned order is liable to be quashed and set aside
and is hereby quashed and set aside.
8. The Trial Court shall decide the application dated 2/12/2009 filed by the Petitioners in the above referred suit after giving an opportunity of
being heard to the parties, in accordance with law.
9. Civil Revision application stands disposed of accordingly with no order as to costs.
10. In view of the disposal of the revision application, Civil Application No. 6 of 2011 also stands disposed of.