K.M.MISHRA
Rosario Santana Vaz – Appellant
Versus
Smt. Joaquina Natividade Fernandes – Respondent
ORDER :- This application in revision by the defendant is directed against an order dated 6th March, 1980, refusing to set aside an ex parte order passed on 21-12-1979 and granting permission to the petitioner to file his written statement.
2. The first hearing of Special Suit No. 166/79 was fixed for 7-12-1979. On that day the plaintiff through his advocate and the defendant in person were present. At the request of the defendant the case was fixed for written statement on 21-12-1979 at 1.30 p.m. On that day the defendant being found absent the Court passed an order to proceed with the suit ex parte and adjourned the case to 10-1-1980. On the aforesaid date a petition was presented for setting aside the ex parte Order, dated 21-12-1979 and to allow the defendant to submit his written statement. The aforesaid petition was signed by Mr. Aristeu Furtado. In the petition it was stated that Advocate Santosh Timblo who represented the defendant on 7-12-1979 inadvertently noted the date as 22-12-1979. On 22nd the petitioner was requested by the said advocate through Timblo to file the written statement. On inquiry it was learnt that the Judge was then working at Ponda Court and t
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