RAMCHANDRA KRUSHNAJI DHALE Vs. MADHUSUDAN JHUNJHUNWALA

JUDGEMENT

(1.) Heard.

(2.) In view of issue No.3 and issue No.4 (as recasted) the defendant filed application (Exh.197) seeking permission to examine Shri Madhusudan Shivchandray Jhunjhunwala (plaintiff No.1) as his witness. This application is dismissed by the impugned order.

(3.) The contention of the petitioners/ defendants is that after recasting of the issues, the defendant has produced certain documents on record which are countersigned by Madhusudan in his capacity as trustee of the public trust and those documents will have to be proved through evidence of Shri Madhusudan. According to the defendants, the scribe of those documents is dead and therefore, examination of Shri Madhusudan to prove the documents in question is necessary.