Judgment:-

Altamas Kabir, J.

Leave granted.

2. The short question for decision in this appeal is whether a witness having been examined by way of affidavit evidence can be recalled for giving further evidence with regard to facts not mentioned in the affidavit.

3. The aforesaid question arises in respect of a suit filed by one Vadiraj Naggappa Vernekar and Smt. Mainabai Ranade, being Suit No. S. 925 of 1990, before the learned Single Judge of the Bombay High Court, seeking a declaration that the Letters of Administration obtained by one Sharadchandra Prabhakar Gogate on 5th November, 1998, in respect of the estate of Dr. Sudha Gogate, was not binding on the plaintiffs or any of them and did not affect their right, title and inte3rest in the suit property, being Flat no. 402, situated in Amogh Vikram Cooperative Housing Society Ltd., Murari Ghag Marg, Prabhadevi, Bombay 400025. Vadiraj Naggappa Vernekar died during the pendency of the suit and his legal representatives were brought on record in his place. The appellant No. 1, being the wife of the deceased, was made plaintiff no. 1A and his sons and daughters were made plaintiff Nos. B, C and D respectively.

4. One Sadanand Sheshgiri