JUDGMENT :

Vipin Sanghi, J.

Mr. Christian London, who is a French national is a witness for the plaintiff. He has come to India specially to depose in the matter. Vide order dated 8.1.2007 it was directed that the recording of evidence be carried out on a day to day basis to accommodate the foreign witness. The matter was fixed for cross-examination of the foreign witness on 16.1.2007 before the Joint Registrar.

2. When the matter came up before the Joint Registrar on 16.1.2007, even though the witness was present with the translator, the defendant's counsel raised various objections and did not cross-examine the said witness.

3. The Joint Registrar has placed the matter before the Court to deal with the various objections raised by the defendants, which have been elaborately recorded in the order dated 16.1.2007 passed by the Joint Registrar.

4. The defendant firstly objected by stating that there were two affidavits of the same witness, namely, Mr. Christian London, one filed on 3.12.2005 and the second on 2.2.2006. During the course of arguments, it was stated by learned Counsel for the plaintiff that the document that the defendant is claiming to be an affidavit of Mr. Christian Lon