VITHALDAS DAMODAR Vs. LAKHMIDAS HARJIWAN

JUDGEMENT

(1.) MR. Amin raises a very interesting point of practice. On September 29, 1941, by a consent Judge's order, at the instance of defendant No.1, a commission was issued to Calcutta for the examination of certain witnesses. Liberty was given to the plaintiff to join in that commission and to examine witnesses on his behalf if he was so advised after giving the names of such witnesses to defendant No.1 one week before being examined. Pursuant to the order the. plaintiff examined Gordhandas on commission.

(2.) MR. Bahadurji who appears for the plaintiff closes his case without tendering the evidence of Gordhandas.

(3.) IT has been a long standing practice on the Original Side of this Court that evidence taken on commission is always formally tendered, and objections to the evidence are considered when the evidence is being read by the counsel tendering it, and until it has been admitted neither party has the right to make use of it. Mr. Bahadurji, who is a very senior and a very respected member of the bar, tells me that, as far as his experience goes, which extends over a period of more than forty years, he has always known that to be the practice on the Original Side of this Court.