VIJAYA BANK Vs. SHARMILA SHRIKANT ALORNEKAR

JUDGEMENT

(1.) Rule returnable forthwith. By mutual consent, taken up for final hearing. Heard. Perused petition and the annexures therewith.

(2.) Closure of the petitioner's / plaintiff's evidence for the reason of the absence of the petitioner on the given date and subsequent dismissal of the application moved on behalf of the petitioner for setting aside the order dated 20th October, 2009 closing the plaintiff's evidence by the learned CJJD, Mapusa, Goa has given rise to the present petition.

(3.) It is submitted on behalf of the petitioner that the default in appearance on the given date occurred as a result of the mistake committed by the petitioner's Advocate to record the correct date of appearance and it would be harsh to stop the petitioner from leading their evidence any further for such lapse.