NARAYAN SHAMBA KUBAL Vs. ANKUSH PANDURANG HALARNKAR

JUDGEMENT

(1.) Rule, returnable forthwith.

(2.) The petitioner was appointed as cabeca-de-casal (cc)/Administrator of the estate of Shamba Yesso Kubal and his wife Indira Shambha Kubal and Pandurang Yesso Kubal and his wife Savitri Pandurang Kubal. The appointment was made on 31.1.2005. A date for recording the petitioner's statement on oath under Article 1369 of the Portuguese Civil Code remained to be fixed. The petitioner also did not apply for getting the same fixed. The matter remained at that until 22.2.2007 when notice was directed to be issued to the petitioner's Advocate for the purpose of making a statement on oath by the petitioner. The matter was fixed on 11.4.2007. The notice came to be issued on 27.2.2007. Notices were issued well in time. The petitioner was to appear for making his statement on oath.

(3.) On 11.4.2007, the petitioner as well as his Advocate remained absent. The statement on oath was not made though the petitioner was notified for that purpose. The pepointed.