LEUNORA ANTAO Vs. PRADIP SADASSIVA NAIK

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Shri S. Karpe, the learned Counsel waives service for the respondent. Heard finally by consent.

(2.) By this petition, the petitioner who is the respondent in Matrimonial Petition No.15/2013/A on the file of the learned Adhoc Civil Judge, Senior Division, Bicholim is challenging the order dated 13/03/2015 (below Exhibit D-20) by which the application for recalling the order dated 15/09/2014 closing the cross-examination of the respondent (PW1) and for permission to cross-examine the respondent was rejected.

(3.) The brief facts are that the respondent has filed the petition for dissolution of marriage which is pending on the file of the learned Adhoc Civil Judge, Senior Division, Bicholim. It appears that the issues were framed in that petition on 13/06/2014 and the petition was fixed for evidence of the respondent on 11/07/2014 and thereafter on 6/08/2014, on which dates the petition was adjourned at the instance of the respondents. On 27/08/2014, there was no appearance on behalf of the petitioner and the chief examination of the respondent was recorded in part and the petition was adjourned to 3/09/2014 on which date the Presiding Officer of the Court was on leave. It appears that the matter was taken to the incharge Court at Mapusa on 15/09/2014 when the chief examination was completed and the Court recorded an order about there being no cross-examination on behalf of the petitioner. It appears that on 18/10/2014, the petitioner filed an application for recall of PW1 permitting cross-examination. That was opposed on behalf of the respondent. The learned Trial Court by the impugned order has dismissed the said application.