KALYAN JYOTI SENGUPTA, J.

( 1 ) IN this extraordinary suit the short but complex point has been raised by the parties as to whether the evidence recorded by the original defendant No. 1 Mahabir Prasad Jalan, since deceased on commission should be expunged and/or rejected at this stage, as, cross-examination could not be completed in view of his death during examination.

( 2 ) BY my order dated 18/07/2001, though having heard the learned Lawyer for the plaintiff I expunged the evidence of the aforesaid defendant, however, subsequently I granted stay of operation of the aforesaid order and I decided to resolve the issue raised above.

( 3 ) MR. Bimal Kumar Chatterjee, Senior Advocate appearing with Mr. Ajoy Krishna Chatterjee Senior Advocate contends that it is true the original defendant did not get opportunity to face cross-examination fully in view of his death. However, evidence so far given by him in his full examination in chief and in part cross-examination together with document exhibited in the commission should be admitted, but the weight of such evidence should be attached such degree and standard as this Court will think fit and proper. Therefore, his evidence cannot be

Click Here to Read the rest of this document