LAWS(BOM)-2007-2-137

GETUNGA SHAIKH ABDUL KADAR Vs. ALCINA PACHECO FIGUEIREDO

Decided On February 23, 2007
GETUNGA SHAIKH ABDUL KADAR Appellant
V/S
ALCINA PACHECO FIGUEIREDO Respondents

JUDGEMENT

(1.) HEARD Rule, returnable forthwith and heard finally with the consent of the parties.

(2.) BY this writ petition, the original defendant has challenged the order passed by the Civil Judge, Sr. Division, at Panaji in Special Civil Suit No. 55/96/B on 6.1.2007, whereby the application made on behalf of the defendant No.1 by his Advocate requesting for time to study the mater and take appropriate steps to examine the witness was rejected.

(3.) THE learned Counsel for the petitioner submits that the names of the witnesses could not be given as the Advocate was engaged by the defendant No.1 very recently and that he wanted to study the matter. However, the learned trial Judge has not given the adjournment. On the other hand, the learned Counsel for the respondents submits that on the earlier occasion, it was specifically directed by the Court that if no witnesses were examined on the next date i.e. on 6.1.07, the evidence of the defendants would be closed and the matter would proceed for arguments and, therefore, he submits that the writ petition should be rejected.