: 1 : cst-82-11=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 82 OF 2011 IN TESTAMENTARY SUIT NO. 71 OF 1997 IN TESTAMENTARY PETITION NO. 191 OF 1996 Swithen H. Miranda .. Plaintiff v/s. Mabel Miranda (deceased) & Ors. .. Defendants ......... Mr. S.F. Rego i/b N.J. D’monte for the plaintiff Mr. O.J. Menezes with R.S. Tripathi for the defendants ......... CORAM : R.Y.GANOO, J DATE : 22nd AUGUST, 2011. P.C. : 1. Affidavit in reply filed by defendant no.2 and rejoinder filed by the plaintiff are taken on record. 2. Heard learned Counsel on both sides. By order dated 18th March, 2011, documents relied upon by the plaintiff were marked as exhibits / identification. The Will is marked as “X” for identification. Learned Counsel Mr. Rego submitted that in the course of cross-examination, the defendants have asked questions on the basis of which the Will can be marked as exhibit. I am told : 2 : cst-82-11=.sxw that the cross-examination of the plaintiff is part recorded before the Commissioner and recording of evidence is in progress. 3. In my view, in the midst of recording of evidence, it will not be possible for this Court to peruse the evidence and consider the submission of the plaintiff for marking of the Will or any of the document, as an exhibit. At the end of the cross-examination of the plaintiff, if the plaintiff is of the view that on the basis of answers given in the cross-examination, certain documents which have been marked for identification can be marked as exhibits, it will be open for the plaintiff to apply for the Court accordingly. For the present, relief sought in this motion cannot be granted. Motion is accordingly dismissed with no order as to costs. 3. The Court is informed that time to record evidence before the Commissioner is getting over, shortly. Time to record the evidence before the Commissioner is extended upto 9th November, 2011. (R.Y.GANOO, J.)