MARIA CRISTINA DIAS Vs. JOHNY JOAO CARDOZA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. None appears for respondent nos. 2 and 3.

(2.) The grievance is that an application filed for grant of permission to lead secondary evidence has been rejected on grounds not at all germane to exercise of jurisdiction under Section 65 of the Indian evidence Act.

(3.) On perusal of the impugned order, I find that the grievance is justified. Therefore, it would be in the interest of justice that the impugned order is quashed and set aside and the matter is sent back to the Court of Adhoc District Judge-1 for considering the application afresh in accordance with law.