JUDGMENT - LAVANDE A.P., J.: Heard the learned Counsel for the parties.

2. Admit.

3. Shri A.C. Dharmadhikari, the learned Counsel waives notice on behalf of the respondent.

4. By consent of the learned Counsel for the parties the matter is taken up for final disposal.

5. By this petition, the petitioner challenges the order dated 8-7-2004 passed by the Judge, family Court, Nagpur in Petition No. A-467/99.

6. The petitioner is the husband of the respondent. The respondent has filed Petition No. A- 467/99 before the family Court, Nagpur seeking divorce. In the course of the proceedings before the family Court the respondent herein examined herself and her witness. Thereafter, the petitioner stepped in the box and he was party examined on 12-4-2003 and his further examination-in-chief was party recorded on 3-6-2003. At this stage the present petitioner filed application dated 8-7-2004 praying that he may be permitted to produce remaining part of his examination-in-chief on affidavit as contemplated under Order 18, Rule 4(1) of the Code of Civil Procedure. This application was opposed by filling say on the same day by the respondent herein and by order dated 8-7-04. The Family Court dism

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