IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 221 OF 2006 IN WRIT PETITION NO. 372 OF 2003 SHRI JOSCE LUIS ALIAS JOSCE ....Applicants COMENIO LUIS AND 2 ORS., Versus SHRI VICTOR LUIS MONTEIRO AND 3 ....Respondents ORS., Mr. F. M. Reis with C.S. Da Silva for the applicants. Mrs.A.A.Agni for respondent No.1. Mr.Valmiki Menezes for respondent No.2. Coram:- V.C. DAGA, J. Date:- 9th August, 2006 P.C. : Heard learned counsel for the rival parties. This application for substitution is to substitute the deceased petitioner. The application is within time. Since the right to sue survives in favour of the legal heirs of the petitioner they could be brought on record. The civil application is, therefore, allowed. Necessary amendment to be carried out within two weeks from today. So far as the written objection filed by respondent No.2 is concerned, the same is taken on record. It would be open for respondent No.2 to address this Court on effect of lis; as and when the petition would be taken up for final hearing. Civil application stands disposed of in terms of this order with no order as to costs. V.C. DAGA, J. SK