JUDGMENT:- This first civil appeal is directed against the judgment and order of the Senior Civil Judge, Bicholim dated 15-7-1970. The respondents/plaintiffs filed a suit against the appellant/defendant for possession, mesne profits and damages. On March 10th, 1970, the plaintiffs closed their case. The learned Senior Civil Judge asked the defendant to go into the box to give evidence. The defendant declined to go on the allegation that he could not speak properly because he had a sore throat, though he talked to the Court and replied to the questions asked from him. The witnesses of the defendant also were not present in Court. The defendant had given the list of twelve witnesses on whose testimony he proposed to rely. All the 12 witnesses were from Tivim. The defendant applied for summons to be issued to only four out of these 12 witnesses, thereby implying that the remaining eight witnesses would be brought by him to the Court without the help of the Court. He did not pay the process fees, though there was a specific order for such payment, till the noon of March, 10. The learned Trial Judge adjourned the case to March, 11, 1970. The defendant did not object to the case being ad

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