1. Short point which is to be decided in this revision is "when the private parties have filed affidavits for decision of the interlocutory application, whether any of those parties is entitled to get witness of rival party for cross-examination in context with affidavit filed by him."

2. Shri A.K. Sethi, appearing for the petitioners placed reliance on the judgment of this Court in matter of Gulab Chand Jain & ors. v. Khushalchand & ors. reported in 1992 JLJ 57 wherein this Court has held –

"opportunity of cross-examination to be granted or refused is in discretion of the Court and if from the conduct and circumstances of the parties, it appears to the Court that the opportunity for cross-examination is being sought for delaying decision and for protracting the proceedings, the Court would decline to permit the cross-examination."

In the said matter this Court has considered the judgment of this Court in the matter of Mithailal Gupta v. Inland Auto Finance, a Division Bench judgment reported in 1967 JLJ 864, wherein it has been held by this Court that-

"Witnesses must be examined in open Court viva-voice Exceptions are:

(i) Where there is an agreement to take evidence by aff