JUDGMENT

MANISH PITALE,J. - By this Writ Petition, the original plaintiffs are before this Court challenging an order passed by the Court of Civil Judge, Senior Division, Mapusa, whereby an objection raised on behalf of the petitioners regarding the questions put in cross examination to the witness of the plaintiff for producing photographs and supporting certificate/affidavit under Sec. 65-B of the Indian Evidence Act, has been rejected and cross examination has been permitted regarding the matter beyond the scope of such certificate. The petitioners invoked Sec. 139 of the Evidence Act to contend that since the said witness was summoned to produce the documents i.e. the photographs and supporting certificate under Sec. 65-B of the Evidence Act, he could not have been cross examined beyond formal identification of the photographs and signature on the certificate.

2. On the other hand, it is case of the respondents that Sec. 138 of the Evidence Act applies and that the cross examination could not be confined to the facts to which the witness testified in his examination in chief.

3. The petitioners have filed a Civil Suit against the respondents for declaration that Will dtd. 15/11/