IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 415 OF 2002 1.MR.MARIO ESTEVAO FRANCISCO CIRICAO CARVALHO & ... Petitioner Versus THE DEPUTY COLLECTOR & SUB.,DIV.OFFICER & ANR. ... Respondent Mr.Coelho Pereira, Senior Advocate with Mr. V. Braganza, Advocate for the Petitioner. Mr. M. Salkar, Addl.Government Advocate for the Respondents. Coram:- R. C. CHAVAN, J. Date:- 27th August, 2008 ORAL JUDGMENT This petition is directed against an order passed by the District Judge, South Goa, Margao on 11.10.2002, rejecting the petitioners' application for examining an additional expert. The learned Judge has rejected the application principally relying on the provisions of the amended C.P.C., which came into force from 1.7.2002. The learned Judge had observed in para 9 of the judgment that the trial of this reference was proceeding as if the applicants have eternity before them to conclude the same. According to the learned Counsel for the petitioner, the learned District Judge should have permitted to the petitioner to examine another expert, since his evidence was absolutely necessary for deciding the claim made out by the petitioner. If that was so, the petitioner ought to have been diligent and prompt and in tendering such evidence immediately after the issues were struck. I have heard the learned Additional Government Advocate for the respondents. In fact because of the stay of the proceedings in the reference Court due to pendency of this petition for last six years, liability of the Government to pay interest on the amount that may be awarded by the reference Court for all these six years at the rate of 15% per annum would be added. In view of this, rather than going into the entitlement of the petitioner to lead evidence, I would allow the petition subject to the petitioner foregoing half of the interest for the period during which this petition was pending or a sum of Rs.50,000/- whichever is less. The respondents would be at liberty to cross examine the expert when his evidence is tendered in the reference Court. Rule made absolutely in the above terms. R. C. CHAVAN, J. cg