WP 5987 OF 2011.sxw KVM 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5987 OF 2011 Smt.Madhuri Manubhai Ashar & Ors. ..... Petitioners Versus Rajkumar Manubhai Ashar ..... Respondent ... Shri H.S.S.Murthy , Advocate alongwith Ms.P.H.Bhansali, Adv.i/b. Shri Ashutosh A.Singh, Advocate for the Petitioners. Shri A.D.Yadav, Advocate i/b.V.S.Bhatt, Advocate for Respondent. CORAM : MRS. MRIDULA BHATKAR, J. DATED : 29th August 2011 P.C. 1. By consent heard finally at the stage of admission. 2. Petition is filed challenging the Order passed by the City Civil Court on 22nd June 2011 by which the Application Ex.‘19’ seeking permission to tender the list of the witnesses and examine them was allowed. The Learned Counsel appearing for the Petitioner submits that to give list of the witnesses before the Plaintiff steps in the box is mandatory on the Plaintiff. However, in this case, the Plaintiff did not submit the list of the witnesses in time and the witnesses which are enlisted are not on the relevant point. 2. The Learned Counsel appearing for the Respondent points out that after 22nd June 2011, the Court has examined one witness and Respondent cross-examined WP 5987 OF 2011.sxw KVM 2 him. I do not find any merit in the objection raised by the Petitioner as the names of the witnesses are disclosed by the original Plaintiff to the Respondent before Respondent/Defendant has stepped in the box and open his defence. The Order passed by the Judge of the City Civil Court cannot be faulted out as the Plaintiff has to be given the sufficient opportunity to tender his evidence and establish his case. 3. Plaintiff has given in all 11 witnesses so it is the responsibility of the Plaintiff to keep the witnesses ready whenever the matter is posted for recording evidence without seeking any adjournment. 4. Writ Petition disposed of. (MRS. MRIDULA BHATKAR, J)