1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET WRIT PETITION NO.2210 OF 2010 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Mr.M.N.Dhamal for the petitioner Mr.J.P.Sen with Ms Ferzana Belrrankandu i/b FZB & Associates for the respondent Nos.2 to 5 CORAM: A.S.OKA,J. DATE : MAY 7,2010 P.C.: 1 Heard learned counsel for the petitioner and the learned counsel for the respondent nos.2 to 5. The challenge in this writ petition under Article 227 of the Constitution of India is to the order dated 9th March 2010. The said order was passed on the application made by the petitioner, who is one of the defendants in the suit. The prayer in the said application of the petitioner was that he may be permitted to adopt his oral as well as documentary evidence adduced by him in another suit of the year 2 1973. By the impugned order, the said application has been rejected. In the present suit filed in the year 1976, the petitioner who is a defendant cannot seek to adopt his oral evidence in the earlier suit. If such prayer is granted, it will cause prejudice to the respondents as they will be deprived of an opportunity of cross examining the petitioner. 2 Hence, no fault can be found with the impugned order. Writ Petition is rejected. JUDGE