IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 838 OF 2009 GURDEEP SINGH MATREJA ... Petitioner Versus SMT. IONA F. QUADROS COLACO ... Respondent Mr. C. A. Coutinho,Advocate for the petitioner. Coram:- N. A. BRITTO, J. Date:- 9th July, 2010 P.C. Heard. 2. The petitioner herein is defendant in special civil suit no.148/1989. The respondent herein have been duly served but have chose to remain absent. 3. From the records and proceedings it can be seen that on 24.11.2009, the case of the plaintiff was closed and was fixed for defence evidence on 8.12.2009. On this day, on behalf of the defendant an application was filed stating that defendant, was out of station. It was also stated that the case was fixed for the first time for defence evidence. The plaintiff had not objected to the application and the matter was left to the discretion of the Court. Nevertheless the learned trial Court proceeded to close defence evidence. The grievance of the petitioner/defendant is that the learned trial Court closed the defence evidence on the very first occasion. It appears to be so. The impugned order, therefore, is arbitrarily passed. 4. Considering the facts of the case, impugned order dated 8.12.2009 is hereby set aside and the learned trial Court is directed to give sufficient opportunity to the defendant to lead evidence as per the procedure prescribed. 5. Writ petition allowed on the above terms with no order as to costs. N. A. BRITTO, J. vn