IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 249 OF 2010 SHRI. SHAMBA SITARAM NAIK (DEC.) BY LRS ... Petitioner Versus SHRI. BABAI PUNDALIK NAIK ... Respondent Shri C. A. Coutinho, Advocate for the Petitioner. Shri P. P. Singh, Advocate for the Respondent. Coram:- N. A. BRITTO, J. Date:- 25th June, 2010 P.C.:- Heard. The Writ Petitioner is the Defendant in R. C. S. No.19 of 2004. This Writ Petition is directed against Order dated 17-8-2009 by which the Defendant has been deprived of an opportunity to cross-examine PW4. The affidavit in evidence of PW4 was filed on behalf of the plaintiff on 6-2-2009. On this day, the Defendant nor his advocate appeared. The suit of the plaintiff was next fixed on 13-3-2009. The roznama of the trial Court does not mention the time. According to the Defendant, he attended the Court on 13-3-2009 at 2.30 p.m. only to find out that the suit was taken up in the morning session and was adjourned to 31-3-2009. The Defendant appeared before the Court on 31-3-2009 but did not file an application to set aside the Order proceeding ex-parte against him which was passed on 13-3-2009. However, the fact remains that the Defendant on the very next date i.e. on 1-4-2009 filed an application for setting aside the Order dated 13-3-2009. There is no dispute that the Defendant was otherwise regular in attending the Court on prior dates. Considering the facts of the case, in my view, the application of the Defendant ought to have been granted by the learned trial Court and the Defendant ought to have been given an opportunity to cross-examine PW4. As a result, this Writ Petition succeeds. The Defendant shall be given an opportunity to cross-examine PW4. The Defendant to pay costs of Rs.2000/- to the plaintiff. Petition disposed off on the above terms. N. A. BRITTO, J. RD.