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2021 Supreme(Bom) 1107

M.S.SONAK
Ramakrishna Anand Raikar – Appellant
Versus
Bismark C. Dsouza – Respondent


Advocates appeared:
Joaquim Godinho, Advocate, A.D. Bhobe, Advocate

JUDGMENT

M S Sonak, J. - Heard the learned Counsel for the parties.

2. Admit. With the consent of and at the request of the learned Counsel for the parties, the Appeal is taken up for final disposal forthwith.

3. This Appeal is directed against the order dated 5th September, 2019, made by the District Judge-1, North Goa, Panaji (First Appellate Court) dismissing Civil Misc. Application No.144/2019, seeking setting aside of the ex parte Judgment and Decree dated 26th September, 2018, made by the First Appellate Court in Regular Civil Appeal No.60/2013.

4. The Appellants are the original Defendants and the Respondent is the original Plaintiff in Special Civil Suit No.45/2004 instituted before the Senior Civil Judge, Panaji (Trial Court).

5. By the Judgment and Decree dated 18th May, 2013, the Trial Court dismissed the Suit. The Respondent, thereupon instituted Regular Civil Appeal No.60/2013 before the First Appellate Court. On the date fixed for hearing of the Appeal, neither the Appellant nor his Advocate remained present. Therefore, by the Judgment and Decree dated 26th September, 2018, the First Appellate Court allowed the Respondent's Appeal and decreed the suit in the absence of the

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