IN THE HIGH COURT OF BOMBAY AT GOA APPEAL FROM ORDER NO. 33 OF 2011 MR. LOYOLA EUGENIO XAVIER RODRIGUES AND ANR., ... Appellants Versus MR. HAMLET NAPOLEON, BONAPARTE REMIGO JEORGE COELHO ALIAS HAMLET COELHO AND ORS., ... Respondents Mr. Vivek Rodrigues, Advocate for the Appellants. Mr. S.S. Kakodkar, Advocate for Respondents Nos.1 & 2. Coram:- F. M. REIS, J. Date:- 23rd September, 2011 P.C.: Heard Shri V. Rodrigues, learned Counsel appearing for the appellants and Shri S.S. Kakodkar, learned Counsel appearing for respondents nos.1 & 2. 2. The above appeal challenges the judgment dated 4/08/2011 passed by the learned District Judge-2, South Goa, Margao whereby the appeal preferred by the respondents challenging the order passed by the learned Civil Judge, Junior Division, Margao rejecting the plaint filed by the respondents, under Order 7, Rule 11(d) of the Civil Procedure Code. 3. On perusal of the impugned order, I find that the lower Appellate Court has rightly allowed the appeal preferred by the respondents challenging the order passed by the learned Civil Judge, Junior Division, Margao rejected the plaint. The learned Judge has rightly come to the conclusion that the provisions of Order 23 of Civil Procedure Code would not apply to inventory proceedings. It is well settled that as far as Inventory Proceedings are concerned the provisions of Civil Procedure Code are not applicable. The appellants have not satisfied any of the provisions contained in Order 7 Rule 11 of C.P.C. for the rejection of the plaint. The appellants would always be entitled to adduce evidence opposing the alleged contentions raised by the respondents in the suit filed by them. 4. Considering the facts and circumstances of the case, I find that no interference is called for in the impugned order. Consequently, the appeal stands dismissed. All contentions of the parties on merits are left open. The learned Judge shall independently decide the suit without being influenced by any of the observations made whilst disposing the said application filed by the appellants. F. M. REIS, J. NH