EKNATH PRABHAKAR MORAJKAR Vs. BHANUDAS PRABHAR MORAJKAR

JUDGEMENT

(1.) By this Writ Petition, the original plaintiffs are before this Court challenging an order passed by the Court of Civil Judge, Senior Division, Mapusa, whereby an objection raised on behalf of the petitioners regarding the questions put in cross examination to the witness of the plaintiff for producing photographs and supporting certificate/affidavit under Sec. 65-B of the Indian Evidence Act, has been rejected and cross examination has been permitted regarding the matter beyond the scope of such certificate. The petitioners invoked Sec. 139 of the Evidence Act to contend that since the said witness was summoned to produce the documents i.e. the photographs and supporting certificate under Sec. 65-B of the Evidence Act, he could not have been cross examined beyond formal identification of the photographs and signature on the certificate.

(2.) On the other hand, it is case of the respondents that Sec. 138 of the Evidence Act applies and that the cross examination could not be confined to the facts to which the witness testified in his examination in chief.

(3.) The petitioners have filed a Civil Suit against the respondents for declaration that Will dtd. 15/11/2018 is null and void and also for grant of permanent injunction restraining the respondents from alienating the properties that were subject matter of the said Will Deed. On the question of temporary injunction, the matter travelled up to this Court and by order dtd. 16/6/2021 passed in Appeal from Order no. 1/2020, this Court directed the suit to be disposed of within a period of six months, which period expires in December, 2021. Hence, the learned counsel for the parties submitted that there was urgency in the matter and consequently the Writ Petition was taken up for disposal at the admission stage.