1. Shri SC Bagdia, Sr. counsel instructed by Shri Pankaj Bagdia, Shri D. Chabda and Shri G. Chabda, counsel for the petitioner. Shri Y.I. Mehta with Shri H.Y. Mehta, counsel for Respondent No.1.

The service of notice of hearing of this revision petition has been dispensed with so far as other respondents are concerned as they are arbitrators.

2. This revision revolves around a subtle point which needs to be decided by this Court not for the purpose of solving the controversy between contesting litigants, but for the purpose of regulating a procedural course for guidance of subordinate Courts for dealing with such mailers which may come before them in future.

3. The cause started when the hall of thinking started rolling by the order passed by the 1st Addl. District Judge, Indore by his order dated. 18.9.1999. On that date, the senior advocate appearing for petitioner Shri Bagdia, made a proposal that the trial Court should formulate the points for determination and thereafter may take a decision whether the parties should adduce oral evidence or evidence by way of affidavits. The said proposal was opposed by the counsel appearing for Respondent No. 1 by making a submission that n