SURYAKANT SHAMBHU MALVANKAR Vs. STELLA LAWREENCE FREITAS

JUDGEMENT

(1.) HEARD Mr. Padiyar, learned counsel for the petitioners and Mr. Lotlikar, learned counsel for the respondents.

(2.) RULE. By consent of the learned counsel heard forthwith.

(3.) IT appears that on 17/12/2010, the suit was posted for evidence i.e examination of the witness on behalf of the respondents/plaintiffs. On the said date the plaintiffs examined Smt. Maria Kothari who had come from Pune on behalf of the defendants. Neither the defendants nor their advocate was present. However, the son of the defendants Mr. Prashant Malwankar was present and he was given an opportunity to cross examine the witness which he did not avail of. The trial Court held that the witness had come from Pune and as such, the plaintiffs had to incur substantial expenditure for the same and therefore there was no ground for granting time to the defendants. Subsequently, by separate order the trial Court closed the evidence of Smt. Kothari.