1 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3156 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Ashutosh M. Kulkarni for the Petitioner. -- CORAM : A.S.OKA, J. DATE : 26TH APRIL, 2010 P.C.: . The Petitioner is the Defendant in a suit filed by the Respondent. By the impugned order, the Respondent-Plaintiff has been permitted to file an additional affidavit in lieu of examination-in-chief. The Trial Court has observed that after in lieu of examination- in-chief of the Respondent was filed and a part of this cross-examination was recorded, a witness produced certain documents on record. Permission has been granted to file additional affidavit in lieu of examination- in-chief for dealing with the said documents. 2. The learned counsel appearing for the Petitioner submitted that such a prayer could not have been 2 granted even before the completion of cross-examination of the Respondent. He submitted that no cross- examination has been made on the documents produced by the witness and therefore, the impugned order is erroneous. 3. I have considered the submissions. After the cross- examination of the Respondent was partly recorded, a witness summons was issued at the instance of the Respondent-Plaintiff. The witness produced certain documents on record. For dealing with the said documents, a permission has been granted to file additional affidavit in lieu of examination-in-chief. There will be no prejudice to the Petitioner as he can cross- examine the witness on the basis of the additional affidavit in lieu of examination-in-chief. No fault can be found with the discretionary order passed by the Trial Court. The Writ Petition is rejected. ( A.S.OKA, J)