The only question that arises for decision in this Civil revision is whether or not the Court has power to summon a deponent, who has filed an affidavit in support of his application under Order XXXIX, Rule 1, Civil Procedure Code, for his cross-examination at the instance of other party.

2. No provision in the Code of Civil Procedure has been pointed out which specifically debars a court from doing so. On the other hand, the enabling provision conferring this power on the Court contained in Rule 2 of Order XIX of the Code of Civil Procedure is most generally worded. Sub-rule (1) of this Rule 2 provides :-

"upon any application evidence may be given by affidavit, but the Court may, at the instance of either party, order the attendance for cross-examination of the deponent. "

Learned Counsel for the revisionist relied in the trial Court as well as in this Court on the two decisions of Gujarat High Court - Haroobhai M. Mehta v. State of Gujarat, (AIR 1967 Guj 229) and Mavji Khimji v. Manjibhai Abjibhai, (AIR 1968 Guj 198 ). In my opinion none of these decisions supports the proposition canvassed on behalf of the revisionist. On the other hand these decisions go against that proposition

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