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2014 Supreme(Bom) 139

U.V.BAKRE
Luis Sales de Andrade e Souza – Appellant
Versus
Jijabai Namdev Satardekar – Respondent


Advocates Appeared:
For the Petitioners:Ryan Da Piedade Menezes, Advocate.
For the Respondents:Sanjay K. Mangeshkar, Advocate.

JUDGMENT

Heard Mr. Menezes, learned Counsel appearing on behalf of the petitioners and Mr. Mangeshkar, learned Counsel appearing on behalf of the respondents.

2. Rule. Rule made returnable forthwith. By consent heard forthwith.

3. By this petition, the petitioners, who are the defendants in Regular Civil Suit no. 46/2011/C, filed against them by the respondents (plaintiffs) have challenged the order dated 10/10/2013 passed by the learned Civil Judge, Junior Division, “C” Court at Panaji in the said Suit, thereby granting the application dated 20/09/2013 filed by the respondents for taking on record notarized copy of the declaration dated 06/07/1994 and to exhibit the same and read the same in evidence.

4. Issues were framed in the said suit and the matter was pending for evidence. The plaintiffs filed the said application dated 20/09/2013 for leave to produce the secondary evidence in the form of notarized copy of the declaration dated 06/07/1994, alleging that at the time of finalizing the affidavit-in-evidence to be filed before the trial Court, the plaintiffs realized that the original declaration dated 06/07/1994 was not found in the file. It was further alleged that the origina

















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