JUDGMENT

VERMA, J.:— Is omission of the witness signature on his deposition recorded on commission, as required by Rule 4 of Chapter XXII of the Calcutta High Court Rules, 1914, applicable to the Original Side, a defect fatal to the reception of the deposition in evidence even when the correctness and authenticity of the deposition is undisputed? Subject to the preliminary objection raised by Shri M. K. Ramamurthi, learned counsel for the respondents, this is the main point for decision on merits to be answered with reference to Rule 4 of Chapter XXII of the Calcutta High Court Rules, 1914, applicable to the Original Side. The Calcutta High Court has held this defect to be fatal and accordingly excluded the entire oral evidence of the defendants recorded on commission resulting in the suit being decreed in plaintiffs favour on the unrebutted testimony of the plaintiffs. Correctness of this view is assailed before us.

2. A foreign vessel M. V. "Vali Pero" sailing under the Greek flag arrived at the port of Calcutta on April 20, 1985; 10 non-Greek seamen on board that ship filed a suit on August 2, 1985 in the admiralty jurisdiction of the Calcutta High Court for recovery of approxima