COMMUNIDADE OF BASTORA Vs. VITHAL BABUSO TAMONKAR

JUDGEMENT

(1.) RULE, with the consent of the parties made returnable forthwith and heard. Facts necessary to be cited are stated thus.

(2.) THIS petition takes exception to the Order passed by the learned civil Judge, Senior Division, Mapusa in the application for setting aside the Orders dated 12/01/2009 and 06/02/2009 in Regular Civil suit No: 538/2000/c by which the plaintiff's evidence was closed and the application for re-opening, the evidence filed by the plaintiff, came to be rejected. The petitioner is the original plaintiff who has filed the said suit for declaration, permanent and mandatory injunction.

(3.) AFTER the completion of pre-trial formalities, the suit had appeared before the learned Judge on 05/12/2008 and was adjourned to 12/01/2009 at 10. 00 a. m. It appears that the colleague of the advocate for the plaintiff wrongly recorded in the diary that the suit was kept on 12/01/2009 at 2. 30 p. m. , when the suit was kept for evidence on 12/01/2009 at 10. 00 a. m. When the Advocate for the plaintiff went to the Trial Court on 12/01/2009 at 2. 30 p. m. , it was noticed by him that the suit was already called out in the morning session and Order was passed in view of the plaintiff's absence, closing the plaintiff's evidence.