A.N. KRISHNA MURTHY Vs. S.K. SUKUMAR

JUDGEMENT

(1.) THE Petitioner is the Defendant in O.S. No. 7940/91 before the City Civil Judge, Bangalore. The Respondent is the Plaintiff. In the suit, the Court directed both the parties to file the affidavits in lieu of examination -in -chief simultaneously. The Defendant filed an application under Section 151 of Code of Civil Procedure seeking permission of the Court to cross examine PW.1 and after completion of the evidence of the Plaintiff to file the affidavit in lieu of examination -in -chief of the Defendant after closure of the Plaintiff's side. The Trial Court has rejected the application on 4 -1 -2003 by holding that in view of Order 18, Rule 4 of Code of Civil Procedure both the Plaintiff and Defendant have to file the affidavits of evidence simultaneously and thereafter the Court has to take up the matter for cross -examination of the Plaintiff and his witnesses and the Defendant and his witnesses respectively. Aggrieved by the same, the present petition is filed.

(2.) I have heard the learned Counsel appearing for the Petitioner.

(3.) THE Trial Court in paragraph -6 of its order has held that as per the amended provisions of Code of Civil Procedure in every case, examination -in -chief witnesses shall be on affidavit and copies thereof shall be supplied to the opposite party and thereafter a Commissioner has to be appointed for the purpose of cross -examination and therefore the Court held that all the parties are required to file the affidavit in order to prevent delay and to dispose of the matters as early as possible.