JUDGMENT:- Heard Shri. A. S. Chandurkar Adv. for the petitioners. Shri. A. A. Shelat. Adv. for Respondent No.1, Miss. Kirti Satpute. Adv. for Respondent No.2.

Rule.

Made returnable forthwith. Heard finally with the consent of the parties.

2. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners are challenging the order passed by Civil Judge. Junior Division, Bhadrawati in R.C.S. No.1/1998. below Exh.156, an application preferred by the petitioners for adducing the evidence of a witness on affidavit sworn before the notary.

3. Impugned order reads thus -

"ORDER PASSED BELOW EXHIBIT 156. Perused the affidavit annexed herewith. It is sworn by one Manohar Narayan Pranjale before a Notary.

As per Order 18. Rule 4 of C.P.C., the evidence affidavit of witness is to be sworn before Court machinery. If there would have been any other option to do so. legislature would have mentioned the same in the said provision.

The Hon'ble High Court has directed on 15-7-2008 to dispose of the matter within six months. The parties were asked to cooperate the Court and it goes to mean that parties should not seek adjournment. The plaintiff was given opportunity to cl

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