What is the correct procedure to be followed when a court receives proof (chief) affidavit? When and at what stage is the court to consider the objections raised to the marking of the documents in such affidavit? If there has been a delay in considering the objections and giving a ruling thereon, does that confer on a party the right to re-open the evidence and further examine/cross-examine a witness? These are the interesting questions that arise for consideration incidentally in this writ petition.

2. A reference to the facts first. The petitioner is the plaintiff in a suit for injunction against passing off. Ext.P10 is the plaint. Against an interim order passed in that suit, C.M.A.No.1/01 was filed before this Court and by Ext.P2 judgment the said C.M.A. was disposed of with specific directions to dispose of the suit within a stipulated time frame Ext.P3 is the written statement filed by the defendant in the suit. The plaintiff and his witness were examined and the plaintiff’s evidence was closed. The defendant examined himself as D.W.1. He filed an affidavit of proof (now popularly referred to as the chief affidavit) under Order 18 Rule 4 of the C.P.C. Exts.D1 to D7