1. In these two suits, both of considerable vintage, a question of law arises relating to affidavits in lieu of examination-in-chief filed under Order 18, Rule 4 of the Code of Civil Procedure, 1908 (“CPC”). In Suit No. 1488 of 1980 I have heard Mr. M.S. Doctor, learned Senior Counsel for the Plaintiff and Mr. S.H. Jagtiani for the Defendants, and in Chamber Summons No. 1678 of 2014 in Suit No. 1373 of 1992 I have heard Mr. G. Godbole and Mr. V.V. Kanade learned Counsel for the Plaintiff and the Defendant respectively. The submissions have not been on the merits of either of these two matters or, indeed, even on the contents of the Affidavits in lieu of Examination-in-Chief in either suit. The discussion has revolved around the question of the powers of a court when dealing with an Affidavit in lieu of Examination-in-Chief (“an Evidence Affidavit”) under Order XVIII Rule 4 of the Code of Civil Procedure, 1908 (“the CPC”).

2. Shortly stated, the question arose in Suit No. 1488 of 1980 when Mr. Doctor tentatively proposed not to offer the Plaintiff as a witness though his Evidence Affidavit was already filed. The only reason, Mr. Doctor said, was that the Plaintiff was very ol