LAWS(BOM)-2016-1-249

SUSHANT U KHANDOLKAR Vs. VISHWAS MAHADEV NAIK

Decided On January 25, 2016
Sushant U Khandolkar Appellant
V/S
Vishwas Mahadev Naik Respondents

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent.

(2.) The issue involved in this petition is small, but it appears, that it materially affects the defence of the petitioner, who is the defendant in the suit filed against him by the respondent.

(3.) This petition has been opposed by the learned counsel for the respondent/plaintiff, on the ground that if the roznama has not be written properly, the proper course for the petitioner is to go before the Trial Court and point out the necessary facts and that sufficient opportunity has already been given to the petitioner to adduce his evidence. He also submits that the petitioner has been repeatedly seeking adjournments and thus delaying the trial of the suit.