1 IN THE HIGH COURT OF JUDICMTURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 253 of 2007 Shri Laxman v. Shri Vitthal ----------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr P.P. Thakare, Advocate for petitioner. Dr Anjan De, Advocate for respondent. Coram : R.V. More, J. Dated : 28th February 2008 By the impugned order respondent/original plaintiff's application for grant of permission to adduce examination-in-chief in the form of affidavit in place of earlier affidavit was allowed. While allowing the application, Trial Court relied upon the judgment of Division Bench of this Court in F.D.C. Limited v. Federation of Medical Representatives of India reported in 2003 (2) All MR 510 wherein it is held that affidavit in lieu of examination-in-chief cannot form a part of evidence unless the contents of affidavit are not confirmed by the deponent from the witness box by following the procedure prescribed under Order 18, rule 5 CPC. There is no dispute that the respondent had not entered into witness box for the purpose of proving earlier affidavit and, therefore, 2 examination-in-chief in the form of affidavit cannot be construed as evidence. The Trial Court, in my opinion, has taken correct view of the matter. I do not find any reason to interfere in the order impugned. Petition is accordingly dismissed with no order as to costs. Judge. Hsj