MARCOS BRAZINHA FERNANDES Vs. IRENE DSOUZA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Mr. Kantak waives service for respondent no.1. Heard finally by consent.

(2.) Heard Mr. Pinto the learned counsel for the petitioners and Mr. Kantak, the learned counsel for respondent no.1.

(3.) By this petition, the petitioners who are the original defendants are challenging the order dated 31/7/2015 and order dated 3.9.2015 (below Exhibit D-69), passed by the learned Civil Judge Senior Division, Mapusa in Special Civil Suit No.42/2004/A by which, the application for adjournment for leading evidence, was rejected by the Trial Court. It appears that the petitioners filed an application (Exhibit D-69), purportedly under section 151 of C. P.C. for reopening the defence evidence. The learned trial Court has rejected the said application by order dated 3/9/2015 on the ground that it is in the nature of a review and in the absence of there being any error apparent on the face of the record, no case for review of the order dated 31/7/2015 is made out. It was found that said application Exhibit D-69 was yet another attempt by the petitioner to gain time.