KAILASHNATH Vs. VITHOBA V N PANVELCAR

JUDGEMENT

(1.) Heard Shri Y. Nadkarni, learned Counsel appearing for the petitioner and Shri Shivan Dessai, learned Counsel appearing for the respondents. Rule. Heard forthwith by consent of learned Counsel.

(2.) Shri S. Dessai, learned Counsel waives service on behalf of the respondents.

(3.) The above petition challenges the order passed by the learned Civil Judge Senior Division, Panaji Goa, dated 29-3-2011 whereby an application filed by the petitioner to produce a letter of authority dated 16-5-1998 came to be rejected. It is the contention of Shri Y. Nadkarni, the learned Counsel appearing for the petitioner that the authority of the partner in filing the suit had not been challenged. The learned Counsel has further taken me through the evidence of PW 1 and pointed out that the said witness had admitted that he did not have a power of attorney given by the other partners nor a letter of authority to file a suit. The learned Counsel further pointed out that the attempts were made by the petitioner to re-examine the said witness and the learned Judge has refused such leave. The learned Counsel further pointed out that in the meanwhile as according to the petitioner, the letter of authority dated 16-5-1998 was found, the application came to be filed on 5-2-2011 for leave to produce the said document.