Mary Jayne Dias Pinheiro v. Evelyn Richard Dsouza @ Evelyn Pinheiro And ANR

23-MCA-111-2021.DOC Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 111 OF 2021 IN STAMP NUMBER MAIN NO. 1653 OF 2020 (FILING) Mary Jayne Dias Pinheiro ... Applicant

Versus

Evelyn Richard D' Souza @ Evelyn Pinheiro &

...Respondents

anr.

Ms. Gautami Kamat, Advocate ULA/S for the Applicant. Mr. Anirudh Bipin Salkar, Advocate for the Respondents. _______________________

CORAM:

SANDEEP K. SHINDE, J th July 2022 DATED:

_______________________ P.C.

1.

Heard Ms. Kamat, learned Advocate (appointed ULA/S) and Mr. Salkar, learned Advocate for the Respondents. 2.

The Applicant is the Defendant in the Regular Civil Suit No. 107 of 2018/F pending in the Court of Civil Judge, Junior Division 'F' Court, at Margao. Applicant, moved an application under Order 7 Rule 11(a) of the Civil Procedure Code (CPC), seeking rejection of the plaint. That application was rejected by the Trial Court on 25th July 2022

23-MCA-111-2021.DOC 29.01.2019. Feeling aggrieved by the said Order, Applicant approached this Court in revision along with an application seeking condonation of 320 days delay, which occurred in filing the revision application.

3.

Although the impugned order was passed on 29.01.2019, the Applicant applied for certified copy on 11.10.2019 and thereafter presented the Civil Revision Application 03.11.2020. The application does not, explain as to why, she could not apply for the certified copy nearly for nine months. Having not explained the delay of nine months, application requires no consideration. 4.

Application is rejected.

SANDEEP K. SHINDE, J PEREIRA Date: 2022.07.25 17:22:38 +05'30'

ANDREZA PEREIRA 25th July 2022