RAOSAHEB D DESAI Vs. GIRIDHARLAL MOHANLAL GANGANI

JUDGEMENT

(1.) Heard Mr. Joshi, learned counsel for the petitioner. The respondent has chosen not to put in appearance inspite of service. Rule.

(2.) By this petition under Article 227 of the Constitution of India, the petitioner challenges order dated 30/3/2011 passed by the Civil Judge, Junior Division, Mapusa in Regular Civil Suit NO.130/2002/E by which an application filed under Order 18 Rule 3A dated 4/3/2011 has been disposed of.

(3.) The petitioner herein filed a suit against the respondent for specific performance and other reliefs, which was contested by the defendant. After the plaintiff examined himself and closed his case, the defendant filed application dated 4/3/2011 purportedly to be under Order 18 Rule 3A of C.P.C. In the body of the application it has been mentioned that the defendant wants to examine i) Mrs. Sharda Raosaheb Dessai, (ii) Miss Sheetal Raosaheb Dessai and iii) Miss Shilpa Raosaheh Dessai who are close relatives of the plaintiff as his witnesses. It has been further stated that the defendant wants to examine himself only after examining the said above witnesses. However, in the prayer clause, no specific prayer has been made seeking permission to examine himself after examining the said witnesses.