IN THE HIGH COURT OF KARNATKA AT BANGALORE DATED THE 2ND DAY OF APRIL 1998 BEFORE THE HON’ BLE 4R. JUSTICE H. RANGAVITTALACHAR 1. Srnt. Rathna Bai, w/o Late Sri. D.H. Ashwathanarayana Major, 2. Sri. A. Varadaraj Sb Late D.H. Ashwathanarayana Maj or, 3. Sri. A. Sriram S/o Late D,H, Ashwathanarayana Major. All are residing at No.61/i (Northern Portion), Middle School Road, Vishweshwarapurain, Banga1ore560 004, ..PETITIOUERS. (By Sri, K,N, Dayalu, Adv, for Ptrs,) Vs Dr. M. handrasekhaz, 3/0 Dr. S. Mahadevappa, Major, residing at No.46/SB, , , 2. •‘I. —2— Central Street, 13th Block, Kumarapark West, Bangalore-20. . .RESPONDENT. (By Sri, R.B. Sadasivappa, Adv. for c/R) HRRP is filed U/s 50(1) of the KRC Act against the order dated 5,11.1997 passed in HRC NO.983/1995 on the file of the Addi, Judge, Court of Small Causes, Bangalore, This HRRP coming on for ADMISSION this day, the Court made the following:— ORDER Admit. With the consent of the learned counsels for the parties, the same is taken up for final hearing and disposedoff. The tenant hs questioned the correctness - of the dep t-t&n corrected by the learned Judge without putting the witness into the box inspite of the tenant objecting the same in this revision petition. Normally arithmetical and. clerical errors in with the consent of the oarties are corrected after the deposition is recorded and , 3, 0 and witness evidence is closed. But when the tenant who has cross examined opposes any correction of statement already recorded, the proper Course is tdrecaii the witness a&ninster the oath, thereaftar correct the said statement. Such a procedure is not followed in this case and the learned Judge notwithstanding the objection of the tenant has corrected the deposition in the absence of the witness, who deposed, The order passed on 5.11.1997 therefore is set—aside and the matter is remanded to the learned Judge to reconsider the l.A. filed hi the respondents in accordance with law, Petition allowed. sd/— t1r,’ r’ .J ULdL1. Ty by: OM C by: R by: A C Mn or JOl