IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 69 OF 2009 SHRI. JOAQUIM FLORENCIO ALVARO COLACO ... Petitioner Versus SHRI. BALCHANDRA PIRANKAR ... Respondent Mr. Zeller D'souza, Advocate for the petitioner. Mr. Sanjay K. Mangueshkar, Advocate for the respondent. Coram:- C. L. PANGARKAR, J. Date:- 27th February, 2009 P.C. Heard. This is a writ petition challenging the order passed by the Civil Judge whereby she allowed an application filed by the defendant for withdrawal of the original affidavit filed by way of examination-in-chief and allowing it to be substituted by another affidavit. Learned counsel for the petitioner submits that a party is not allowed to file two affidavits and the party should not be allowed to withdraw the first affidavit. I find force in the submission of the learned counsel that the Judge should not have allowed the defendant to withdraw the affidavit and substitute it by another affidavit. In the circumstances, the order of the learned Judge allowing withdrawal of the affidavit and substitution of the affidavit needs to be set aside. No party is allowed to withdraw the affidavit and file another affidavit, at the most a party could be allowed to examine himself orally, further. In the circumstances, the order passed by the learned Judge is set aside in as much as the order allowing the withdrawal of the first affidavit and the substitution of fresh. However, the defendant shall be at liberty to examine himself orally and may state whatever he wanted to state by way of filing the second affidavit in oral examination-in-chief. The writ petition stands disposed. C. L. PANGARKAR, J. lh/.