COMMUNIDADE OF COLVALE THROUGH ITS SPECIAL ATTORNEY SERVO FERNANDES Vs. BENJAMIN PEREIRA, MUSHIR VADDO, COLVALE, BARDEZ, GOA

JUDGEMENT

(1.) Rule made returnable forthwith. Learned Counsel for the respondents waives service on behalf of respondent no. 1(i) to 1(vi), 2, 3 and 4. Heard forthwith with the consent of the parties.

(2.) The petitioner is challenging the Order dated 27.07.2017 passed by the Trial Court thereby refusing to grant opportunity to the petitioner to crossexamine the witness for the respondent. Learned Trial Court has found that inspite of giving opportunity the petitioner had failed to cross-examine the witness.

(3.) The brief facts are that the contesting respondents have filed an appropriate declaration as a tenant against the petitioner, in respect of the subject land. It appears that the chief examination of the witness for the respondent was conducted on 13.06.2017 when there was no appearance on behalf of the petitioner. It is contended on behalf of the petitioner that while recording cross-examination, the Trial Court has permitted a set of documents to be produced on record at the instance of the contesting respondents. It is contended that the copies of these documents were not provided to the petitioner. It is also contended that the trial court had granted permission to the respondents to lead secondary evidence in respect of some of these documents.