VERONICA DCUNHA Vs. JONATHAN FRANCIS DSOUZA

JUDGEMENT

(1.) Heard Mr. Agni for the appellants and Mr. Lobo for respondent no. 1.

(2.) This appeal challenges the Trial Court's decree dtd. 21/1/2009 and the Appellate Court's Order dtd. 21/4/2015 declining to condone the delay in instituting the appeal against the said decree.

(3.) The record bears out that the Special Civil Suit No. 53/2005/B was instituted on 4/5/2005 and the appellant was duly served therein. On 22/9/2005, Advocate Morajkar put in an appearance on behalf of the appellant and even undertook to file his Vakalatnama. After appearing in the matter without filing any Vakalatnama upto 21/7/2008, the said Advocate did not appear in the matter any further. Therefore, on 21/7/2008, an order was made by the Trial Court to proceed ex-parte against the defendants including the appellant herein.