REX FERNANDES Vs. TESSIE JOSEPHINE CORREIA

JUDGEMENT

(1.) RULE. By consent, heard forthwith.

(2.) THIS is Defendant's Writ Petition and is directed against Order dated 10-11-2008 of the learned Civil Judge, Senior Division, Mapusa by which Defendant's application dated 4-6-2008 has been rejected.

(3.) THE entire case of the Defendant is that he could not remain present before the learned trial Court on 20-10-2004 as the Defendant was in Delhi attending a Seminar between 12-10-2004 to 18-10-2004. As rightly pointed out, on behalf of the plaintiff, the correctness of the roznama entry was not challenged by the Defendant in his said application dated 4-6-2008 or at any time inspite of the fact that the Defendant had obtained copies of the roznama before filing the same. THE learned Senior Counsel has tried to contend that the Defendant was not served with summons as required under C.P.C. Since the Defendant was present before the Court on 20-10-2004 and sought adjournment to file written statement, whether the Defendant was rightly served or not with summons as required under the Code of Civil Procedure pales into insignificance.