IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 269 OF 2010 SMT. CLYTIE HELENA MYMA FURTADO (SINCE DEC). THROUGH LR'S REP. BY P.O.A MS. SELMA FERNANDES ... Petitioner Versus SMT. MARIA CECILIA ARLINDA MASCARENHAS PRAZERES DA COSTA (DEC). THROUGH LR'S ... Respondent Mrs. A. Agni, Advocate for the Petitioners. Coram:- N. A. BRITTO, J. Date:- 26th July, 2010 P.C.: Heard. 2. The petitioners are the plaintiffs in Special Civil Suit No.69/1995/A. The respondents, who are the defendants have been duly served, but have chosen to remain absent today. They were also absent on 22/07/2010. 3. The defendants' evidence was fixed for cross-examination by plaintiffs on 15/01/2010. The plaintiffs' advocate one Shri Vishnu Naik appeared on that day, but presumably did not have any authority from advocate Mrs. Agni to cross-examine the defendants and, as such, the learned Civil Judge, Senior Division proceeded to close the cross-examination of the defendants. However, on the same day at about 4.45 p.m., advocate Mrs. Agni appeared before the Court and sought permission to re-open the cross-examination by filing an application. By then, DW1 had left the Court premises. Say of defendants was called. Another detailed application was filed on 16/01/2010 and on being called to give say, the defendants left the matter to the Court as in their view, the order was passed by the Court in its discretion. That application came to be dismissed on 12/03/2010, which is now challenged in this Writ Petition. It is not that the plaintiffs had remained absent on 15/01/2010. That advocate who appeared for the plaintiffs did not have authority from the advocate, otherwise appearing for the plaintiffs, is another matter. He could have been asked to file an authority application subsequently. Nevertheless, the learned trial Court proceeded to close the cross-examination of the defendants by the plaintiffs. The plaintiffs through their advocate also appeared at about 4.45 p.m., possibly by then, the defendants had already left the Court premises. Be that as it may, considering the facts of the case, this Writ Petition is allowed and the impugned orders dated 15/01/2010 and 12/03/2010 are hereby set aside and the learned Civil Judge, Senior Division is hereby directed to give an opportunity to the plaintiffs to cross-examine the defendants. N. A. BRITTO, J. NH