IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 359 OF 2008 SHRI. TEODOSIO CARDOSO ... Petitioner Versus SMT. REGINA D'SOUZA (DECEASED) AND 4 ORS., ... Respondents Mr. R. G. Ramani, Advocate for the petitioner. Coram:- U. D. SALVI, J. Date:- 27th February, 2009 P.C. Heard. Perused. 2. The petitioner challenges the order dated 24.4.2008 passed by the Learned Civil Judge, Senior Division, Panaji refusing to permit the petitioner/plaintiff to bring legal heirs of the deceased defendant no.1 Regina D'Souza on record in R.C.S. No.30/1996/B. The learned Civil Judge, Senior Division, Panaji refused to oblige the petitioner/plaintiff with permission to bring the legal heirs of the deceased defendant no.1 on record, on the ground that an application seeking such permission was not made within a period of three months from the death of the defendant no.1. However, he ignored one fact that one of the legal heirs of the defendant no.1 was already on record as defendant no.2 Caitano D'Souza and the proposed legal heirs though duly served did not resist their joinder to the suit as the legal heirs of the deceased defendant no.1. It appears that the learned Civil Judge, Senior Division, Panaji was too technical in refusing such permission which would have enabled the parties to resolve the list on merits. 3. Adverting to the judgment reported in 1993 Mah.L.J. 756 Yadao Mahadeo Munne and other v/s Zibal s/o Tukaramji Irkhade and another, on the similar issue, one can find that there is no abatement of the suit on death of a party to a suit where some of his legal heirs are already on record, and in such cases limitation for applying to bring remaining legal representatives on record is governed by Article 137 of the Limitation Act and not by Article 120 and 121 of the Act which probably prompted the learned Civil Judge, Senior Division to pass the impugned abatement of the suit. 4. Impugned order therefore deserves to be set aside. Hence, the Order. (i) Order dated 24.2.2008 passed by the learned Civil Judge, Senior Division, Panaji in R.C.S. No.30/1996/B is set aside. (ii) The petitioner/plaintiff is allowed to implead the remaining legal heirs of the deceased defendant no.1 Regina D'Souza to the R.C.S. No.30/1996/B as proposed in the application Exhibit 30. (iii) No order as to costs. (iv) Writ Petition stands disposed off accordingly. Stay granted stands vacated. U. D. SALVI, J. ef.