AUGUSTINHO PROENCA Vs. MARIA DE LOURDES SOUZA

JUDGEMENT

(1.) HEARD. By consent of the parties the First Appeal is taken up for final hearing.

(2.) BY the Judgment in appeal the appellants have been denied the right to cross-examine the witnesses of the respondents since their defence was struck off. In addition, the appellants' counter-claim has also been struck off under Order XXXIX Rule 11 of the Code of Civil Procedure. Having regard to the circumstances of the case, it is clear that serious prejudice has been caused to the appellants in that the matter has been decided without any opportunity to cross-examine the plaintiffs/respondents herein. Similarly, the counter-claim which is liable to be treated as a separate suit has also been dismissed, for reasons which are not very serious.