SHIRISH P SHAH Vs. ARUN POPATLAL SHAH

JUDGEMENT

(1.) Heard.

(2.) Affidavit in lieu of examination in chief was tendered by the plaintiff and thereupon a Court Commissioner was appointed by the Court for recording of the evidence. The cross-examination of the plaintiff was recorded by the Court Commissioner and the matter was posted by him for recording evidence of P. W. 2 plaintiffs next witness. At that stage, Counsel for the plaintiff requested the Court Commissioner to refer the matter to the Court contending that the affidavit in lieu of examination in chief of P.W. 2 can only be tendered in the Court and not before the Court Commissioner.

(3.) Today, learned Counsel for the plaintiff submitted that the Court Commissioner has no power to take examination in chief of any witness on affidavit and the affidavit must be tendered in the Court and only thereafter the matter can be referred to the Court Commissioner for the cross-examination.