Smt.Sitabai Damodar Pawale v. Vithal Sitaram Khule & Ors.

Smt. Sitabai Damodar Pawale. ..Petitioner -VERSUS- Vithal Sitaram Khule and others. ..Respondents ............... Mr.P.P.Kulkarni, Advocate for the Petitioner. Mr.Madhav Jamdar, Advocate i/b ALMT Legal, for the Respondents Nos.1 to 6. ............... CORAM: A.P.DESHPANDE, J. Dated 16th November, 2009. PC:- 1 The Plaintiff No.1 acting for himself and other co- plaintiffs filed an affidavit of examination-in-chief in the year 2005. When the suit reached the stage of evidence and when the Plaintiff No.1 was to depose before the Court, he was suffering from “Brain- Tumor”. As the Plaintiff No.1 was not in position to subject to cross- examination on account of ill health, an application was moved by the Advocate before the Trial Court intimating the fact about illness of the Plaintiff No.1. The Trial Court in that view of the matter passed an order that as the Plaintiff No.1 has not made himself available for cross-examination, the evidence tendered by way of an affidavit of examination-in-chief shall not be considered as evidence. It is this order passed by the Trial Court which is challenged in this petition. *2* 2 Perused the impugned order. There is no infirmity in the order. There is absolutely no reason to interfere with the impugned order. Writ Petition is summarily dismissed. (A.P. Deshpande, J)