ORDER :

The short grievance of the petitioner who happens to be the defendant No.2 in a suit for declaration in O.S.No.50/2010 is against the order dated 10.8.2016, a copy whereof is at Annexure-E, whereby the learned Civil Judge (Jr. Dvn), Honnalli, has restored deposition of PW3 (now deceased) to the record; the said deposition was eschewed from the record earlier on the ground that PW3 died without facing cross examination.

2. After service of notice, the contesting respondents having entered appearance through their counsel, resist the writ petition making submission in justification of the impugned order and the reasons on which it has been constructed.

3. Short question of law that falls for consideration of this court is as under:

Whether the deposition of a witness who died before being crossexamined constitutes a legal evidence?

4. Having heard the learned counsel for the parties and having perused the petition papers, this Court is of a considered opinion that above question need not detain the court any longer since legal literature concerning the same galores, as rightly pointed out by Sri. K.N.Puttegowda, learned counsel appearing for the respondents.

5. Learned author Ruper