A.No.1616 of 2022

in

C.S. (Comm. Div.) No.31 of 2021

SENTHILKUMAR RAMAMOORTHY, J

This application is filed for permission to mark the affidavit dated

22.11.2021 of Rema R Pillai. The applicant states that the dispute pertains to the

identity of the executant of an agreement dated 05.12.2000. Ms.Rema R Pillai is

one of the attesting witnesses to the said document. It is further stated that she is

of an advanced age and resides at Kerala.

2. The respondent/first defendant opposes this application on the

ground that the affidavit cannot be taken on record unless the deponent thereof

is examined as a witness.

3. There is merit in the objection of the first defendant that an

affidavit cannot be relied upon unless the contesting party has the opportunity to

cross-examine the deponent of such affidavit on the contents of the affidavit.

Accordingly, this application is allowed subject to the condition that the

deponent of the affidavit shall be made available for cross-examination by the

first defendant and any other contesting party. In addition, the defendants are

permitted to raise objections inter alia on the grounds of relevance and proof.

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