G.S. Patel, J.

1. I am informed that the matter is proceeding before the Commissioner. Dr. Saraf, learned Counsel for defendant No. 5, seeks a clarification that it will not be necessary for the plaintiffs or the 5th defendant to "put their case" to the 1st defendant, who is the witness under cross-examination, and, specifically, that should they not do so, so adverse inference should be drawn against them, nor should it be seen as any sort of admission.

2. This is a question that arises repeatedly. Almost without exception, in every single trial, attempts are made to put a series of questions to a witness suggesting that every paragraph and every line of his pleading or evidence affidavit is false' or "untrue'. The answer elicited is always a denial. I believe this practice is the result of an apprehension that should such questions not be put to the witness, the party who is cross-examining the witness may be deemed to have accepted the witness's testimony.

3. This apprehension is not only unfounded, but it is based on what I believe is an incorrect appreciation of the ratio of the decision of a Division Bench of the Calcutta High Court in (A.E.G. Carapiet v. A.Y. Derderia