The petitioner is the 7th defendant in O.S.No.2/1992 on the file of District Court, Ernakulam. The suit was originally filed as O.P.(LA) No. 159/1988 for obtaining Letters of Administration in respect of a Will dated 15-9-1976 allegedly executed by V.S. Annaimma. Petitioner and other defendants in the suit are contesting the proceedings. There was an earlier proceeding for letters of administration in respect of the same will but those proceedings were disposed of by holding that the petitioner therein did not comply with S.278 of the Indian Succession Act, and Rules 8 and 9 framed thereunder. In that proceedings one witness by name Kurian was examined on the plaintiffs side. In the present proceedings, the 7th defendant-the petitioner herein wanted to use the deposition of the said witness Kurian who had been examined as witness in O.P.(L. a .)no.159/88. The plaintiff objected the production of deposition as an item of evidence. The objection was raised on the basis of S.33 of the Indian Evidence Act. The plaintiff contended that witness Kurian was examined as his witness in the earlier proceedings and therefore he had no right or opportunity to cross examine that witn