VADIRAJ NAGGAPPA VERNEKAR (D) THROUGH LRS.

V.

SHARAD CHAND PRABHAKAR GOGATE

Civil Appeal No. 1172 of 2009

FEBRUARY 24, 2009

[ALTAMAS KABIR AND CYRIAC JOSEPH, JJ.]

The Judgement of the Court was delivered by

ALTAMAS KABIR, J.

1. Leave granted.

2. The short question for decision in this appeal is whether a witness having

been examined by way of affidavit evidence can be recalled for giving further

evidence with regard to facts not mentioned in the affidavit.

3. The aforesaid question arises in respect of a suit filed by one Vadiraj

Naggappa Vernekar and Smt. Mainabai Ranade, being Suit No. S.925 of 1990,

before the learned Single Judge of the Bombay High Court, seeking a declaration

that the Letters of Administration obtained by one Sharadchandra Prabhakar Gogate

on 5

th November, 1998, in respect of the estate of Dr. Sudha Gogate, was not

binding on the plaintiffs or any of them and did not affect their right, title and interest

in the suit property, being Flat no.402, situated in Amogh Vikram Cooperative

Housing Society Ltd., Murari Ghag Marg, Prabhadevi, Bombay 400025. Vadiraj

Naggappa Vernekar died during the pendency of the suit and