2007(4) ALL MR 565


Angela Ninette Josephine De Oliveira Fernandes & Ors.Vs.Ceaser Augusto Rego Fernandes & Ors.

Writ Petition No.148 of 2007,Civil Application No.63 of 2007

23rd March, 2007

Petitioner Counsel: Shri. EDWIN FURTADO
Respondent Counsel: Shri. V. P. THALI

Civil P.C. (1908), O.18, R.4 - Recording of evidence - Common evidence - Suits directed to be heard and disposed of together - Trial court entitled to record common evidence, if the parties apply and if the court considers it appropriate. (Para 4)


JUDGMENT :- Heard. Rule returnable forthwith by consent.

2. On 14th September, 2006 in Writ Petition No.234 of 2006, this Court directed Civil Suit No.99 of 2006, filed by the respondents to be heard alongwith the suit proposed to be filed by the Petitioners. Thereafter, the Petitioners have filed Regular Civil Suit No.86 of 2006. It appears, however, having regard to the fact that the existing suit, would be in respect of the same proceedings, this Court directed that both the suits should be heard together. However, apparently, the Petitioners' suit is not being heard alongwith the Respondents' suit. According to the Learned Counsel for the Respondent, this is because the Petitioner is creating obstacles. According to the petitioner, this was due to the fact that the Commissioner did not notify the place of recording evidence. The reasons for not proceeding simultaneously with both suits appear to be frivolous. In any case, in view of the fact that the Petitioners have filed the suit and the suits of the Respondents and the Petitioners have been directed to be heard together, I direct that both the suits shall proceed simultaneously from the same stage.

3. The Learned Counsel for the Respondents states that the Petitioners' suit is not ripe for evidence. The Learned Counsel for the Petitioners states this is not time and that his suit is also fixed for evidence by the Learned Civil Judge.

4. Whatever be the stage of the two suits, I consider it appropriate, in the interest of justice, to direct that the Petitioners' suit and the Respondents' suit be brought to the same stage i.e. for evidence, if not already so. Thereupon the suits be heard and disposed of together. Needless to say, the trial Court will be entitled to record common evidence, if the parties apply and if the Court considers it appropriate. Rule disposed of.

Order accordingly.