JUDGMENT :

P.C.:

1. By this Writ Petition, the petitioner, who is the original defendant has challenged order dated 13.09.2019, passed by the Court of Civil Judge Junior Division, Panaji (hereinafter referred to as the Trial Court), whereby an Application (Exhibit D-77), filed on behalf of the petitioner for recalling witness of the respondent i.e. PW-1, has been dismissed.

2. In a suit filed by the respondent for eviction of the petitioner, he has filed a counterclaim.

3. The Trial Court was recording evidence of PW-1 i.e. the first witness of the respondent and the said witness was being cross examined on behalf of the petitioner. On 17.04.2019, at the end of recording of cross examination of PW-1, it was recorded by the Trial Court as follows:

“For want of time”

4. The Roznama for the aforesaid date i.e. 17.04.2019 recorded that cross examination of PW-1 was recorded and completed. On the next date of hearing i.e. on 07.06.2019, it was further recorded that the Counsel appearing for the defendant i.e. the petitioner herein, submitted that he had completed the cross examination of PW-1.

5. On 31.07.2019, an Application was moved on behalf of the petitioner for recalling PW-1. It was st