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1938 Supreme(Mad) 189
IN THE HIGH COURT OF MADRAS
Burn, J.
Gooru Narayana and Anr.
Versus
Vaikuntam Chinna Lakshmayya
Decided On : 29.07.1938
Affidavits cannot be acted upon unless both parties agree to treat them as evidence.
Headnote:
Affidavits - Summoning of Witnesses - Civil Procedure Code
Fact of the Case:
The learned District Judge should have summoned the witnesses as the petitioners objected to the statements of the Reddi and the Karnam. Affidavits cannot be acted upon unless both parties agree to treat them as evidence.
Finding of the Court:
The order was set aside and the petition restored to file for disposal according to law as provided for in Order 33 of the Civil Procedure Code.
Issues: Summoning of witnesses, use of affidavits as evidence
Ratio Decidendi: Affidavits cannot be acted upon unless both parties agree to treat them as evidence. The court should have summoned the witnesses as per the objections raised by the petitioners.
Final Decision: The order was set aside and the petition restored to file for disposal according to law as provided for in Order 33 of the Civil Procedure Code.
Burn, J.
1. The learned District Judge ought, I think, to have summoned the witnesses, since the petitioners objected to the statements of the Reddi and the Karnam. Affidavits cannot properly be acted upon unless both parties agree to have them treated as evidence. The order will be set aside and the petition restored to file for disposal according to law as provided for in Order 33 of the Civil Procedure Code. The costs of this petition will abide and follow the result.
