1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.8656 OF 2009 Jairam Pandurang Gaikar ...Petitioner vs. Mahadeo @ Madhu Halya Patil State of Maharashtra ...Respondents Mr.Dhananjay Pathak for the petitioner CORAM :A.S.OKA,J. DATE : OCTOBER 15, 2009 P.C. 1 The petitioner is the original defendant who has challenged the order dated 22nd April 2009 passed by the trial court by which his application praying for a direction to the original plaintiff to file his own affidavit in lieu of examination-in-chief has been rejected. Apart from the fact that the order is purely interlocutory, the order clarifies that the point of admissibility of evidence of P.W.no.1 has been kept open. It is pertinent to note that the prayer made by the petitioner in the application on which impugned order has been passed was that the plaintiff himself be ordered to enter the witness box. The court cannot compel the plaintiff to enter the witness box. By the impugned order, all objections raised by the petitioner to the deposition of the constituted attorney have been specifically kept open. Therefore, at this stage, no interference is called for. 2 Subject to what is observed above, petition is rejected. JUDGE