ANANT V SARMALKAR Vs. ANTHONY PEREIRA

JUDGEMENT

(1.) Heard Mr. Diniz, learned Counsel for the Petitioner and Mr. Ramani, learned Counsel for the Respondent. On 30th August, 2010, this Court issued notice to the respondent for final disposal of Writ Petition. Hence, Rule. Rule is made returnable forthwith.

(2.) By this petition, the petitioner challenges order dated 29th July, 2010, passed by the Civil Judge Senior Division, Vasco in Special Civil Suit No. 52/06/B by which the application filed by the respondent for exclusion of evidence of power of attorney of the plaintiff and directing the plaintiff to file his own affidavit has been allowed.

(3.) The petitioner is the plaintiff and respondent is the defendant in the above suit filed seeking declaration and consequential reliefs. The suit was contested by the defendant. Shri N.P. Vasu Nair who was holding power of attorney on behalf of Mr. Narayan Bandekar, Proprietor of M/S Anant V. Sarmalkar stepped in the box. He was partly cross examined by the advocate for the defendant.