(1.) Heard Mr. Nigel da Costa Frias for the appellant and Mr. M.B. D'Costa learned Senior Advocate for respondent no.1.
(2.) After this matter was argued for some time, it became apparent that the impugned judgment and decree made by the First Appellate Court on 19.07.2007 will have to be set aside and the matter restored to the file of the First Appellate Court for disposal of Regular Civil Appeal No.78 of 2005 afresh on its own merits and in accordance with the law.
(3.) This order will have to be made in this Second Appeal quite reluctantly and the brief reasons for the same are now set out hereafter.