1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.910 OF 2009 IN SUIT NO.1950 OF 1988 Mr.V.R.Bhuta. ...Plaintiff. Vs. Sugrabi F.Shaikh and ors. ..Defendants. Mr. N. Amin for the plaintiff. Mr. R.R.Sharma for the Defendants. CORAM : R.S. MOHITE, J. DATE : 15th June, 2010 PC : 1 Heard both sides. 2 This chamber summons is taken out by the original plaintiff for filing additional evidence in lieu of examination in chief of his witness P.W.No.1- Jaysuklal N. Bhuta and also to file additional compilation of original documents. The additional affidavit of the first witness Jaysuklal dated 20.4.2009 is tendered. The additional compilation of documents also dated 20.4.2009 is also tendered. Both the additional affidavit and additional compilation are taken on record. 3 On behalf of the defendant reply to the chamber 2 summons is filed in which it is contended that the procedure is not in accordance with Order 18 Rule 4 of the C.P.C. Order 18 Rule 4 of the C.P.C. permits the parties to submit the examination in chief of a witness by affidavit before the cross examination of the witness. There is no prohibition in Order 18 Rule 4 prohibiting a party from furnishing additional affidavit in lieu of examination in chief of the witness who has not been yet cross examined. Such provision also does not prejudice the defendant who can then cross examine the witness on both the affidavits. It is well settled that, even if, an affidavit in lieu of examination in chief is filed, witness who has filed such an affidavit can be put in witness box for further examination in chief . If such a procedure is permissible then there is no reason why the second affidavit of evidence in lieu of further examination in chief cannot be permitted. 4 In so far as prayer pertaining to accepting the additional compilation of documents, normally the original documents are required to be filed before framing of the issues as contemplated under Order 13 Rule of the C.P.C. Pre amendment position was that, if original documents are not filed then they could not be produced in evidence unless permitted by the court and in such a case party was required to show sufficient cause as to why he has not produced the said documents earlier. In the 3 present case, sufficient cause has been shown and in the affidavit in support of the chamber summons it is specifically averred that the documents sought to be tendered were not available and the witness has stated that the original documents were found when the search was taken of a file discovered in a cupboard. He has specifically submitted that in spite of due search after filing an affifdavit he was unable to locate the original writing and hence, zerox copy which was earlier moved has been forwarded to his advocate to be filed along with his affidavit. This aspect of the matter is not specifically controverted in the reply. In the circumstances, in the interest of justice and for arriving at proper decision on merits, I am inclined to allow this chamber summons. Chamber summons is therefore, allowed in terms of prayer clause (a). Matter be listed for admission/denial of documents on 14.7.2010. (R.S. MOHITE, J.)