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2006 Supreme(Bom) 354

Bar Council of Maharashtra and Goa – Appellant
Versus
Shamrao Vishnu Kunjir – Respondent


( 1 ) HEARD. Perused the records.

( 2 ) THIS appeal arises from the judgment and order dated 4th March, 2005 passed by the learned Single judge in Writ Petition No. 9523 of 2004. The appeal is essentially against the part of the impugned judgment which relates to certain observations in relation to the drafting and presentation of the affidavit under order XVIII Rule 4 of the Code of Civil Procedure, 1908 and the directions issued in that regard to the courts and the tribunals.

( 3 ) THE said petition was filed against the order of the trial Court disallowing cross-examination of the deponents, who had filed their affidavits under order XVIII Rule 4 of the Code of Civil Procedure. When the matter came up before the learned Single judge, the advocate appearing on behalf of the respondents conceded that the deponents, who had filed the affidavits, were required to be subjected to cross-examination. In that regard though the petition could have disposed of by consent, the learned Single judge, being of the opinion that the procedure for preparing the affidavits was not being followed in the manner it was required to be followed, proceeded to deal with the said issue and held that the
















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