The order passed in I.A.No.976 of 2002 in O.S.No.389 of 1995, by the Principal Sub Judge, Kochi dated 1.10.2002 evidenced by Ext.P12 is under challenge at the instance of the plaintiff. I may extract the order as herein below:

“The prayer is to dispense with the procedure laid down in the amended C.P.C. In the matter of chief examination of witnesses by filing proof affidavit. The witness who is also an advocate is present before Court and is ready to file proof affidavit on true facts if so asked by counsel for petitioner. But the counsel for the party at who instance the witness is summoned apprehends that the witness will not swear the affidavit in such a way to favour the case of his party. Court’s function is to get at the truth.

To meet the ends of justice and keeping in view of the solemn duty of court to arrive at the Truth, it is hereby ordered that as in the case of a witness who will not support the case of a party prior to C.P.C. amendment, the petitioner’s counsel also will be allowed to cross examine his witness in case the facts sworn to by the witness proof affidavit are found against the party.

With the above assurance, the I.A. is dismissed”.

The suit was