1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 616 OF 2007 Mrs. Pubilia Angela da Gama (dec.) through LR's Mr. Austin da Gama & Ors. .... Petitioners V/s Mr. Grancis Antonio Sebastian Cruz Mario da Gama & Ors. .... Respondents Mr. V. Menezes, Advocate for the Petitioners. Mr. N. N. Sardessai, Advocate for the Respondents. CORAM : S.C. DHARMADHIKARI, J. DATE : 21st JULY, 2008 ORAL ORDER : The petition impugns an interlocutory order dated 21/11/2007 which has been passed on an application, copy of which is annexed at Annexure - A to the present petition. The application Exhibit 48 prayed that the affidavit- in-evidence of one Francisco G.G. Paes dated 13/07/2007 filed along with application dated 13/07/2007 to examine him as a witness, be discarded. 2. The trial Court has held that earlier the plaintiff deposed through power of attorney holder and the power of attorney holder was under cross- examination and thereafter he could not attend the Court. Thereafter plaintiff sought to introduce the said Francisco G.G. Paes as his power of attorney holder and continue the deposition which was recorded earlier. This Course was objected to by the original defendants and that is now the impugned order is passed. 2 3. My attention was invited by the learned Counsel appearing for the respondents no. 1 to 4 to the order passed on Exhibit 43 dated 26/09/2007 and the reply to the application at Exhibit 43 which was filed in the trial Court. 4. After the matter was argued for sometime and my attention was invited to these facts, the petitioners' Counsel agreed that the petitioners be allowed to examine Francisco G.G. Paes as a witness of the plaintiffs and that course of action is not opposed by the respondents/original defendants. Accordingly, it is directed that the plaintiffs can examine Francisco G.G. Paes as a witness and not a power of attorney holder. Further, on Francisco G.G. Paes entering the witness box and deposing either in person or filing affidavit in lieu of cross-examination in chief, it will be open for the respondents to cross-examine him. The above clarification being issued, it is not necessary now to quash and set aside the order impugned in the petition. It is also clarified that the said Francisco G.G. Paes, while entering the box as a witness on behalf of the plaintiffs, can produce the documents and their evidentiory value will be considered by the trial Court after hearing both sides and without being influenced by the earlier order. With the above observations, Writ Petition is disposed of. S.C. DHARMADHIKARI, J. NH/-