1 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 418 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri P.B. Shah for the Petitioner. ­­ CORAM : A.S.OKA, J. DATE : 4TH MARCH, 2010 P.C.: . Heard learned counsel appearing for the Petitioner. The Petitioner is the original Defendant. Respondent Nos.1 and 2 who are the original Plaintiffs want to examine the 2nd Defendant as their witness. The learned counsel appearing for the Petitioner submitted that the practice of summoning rival party as a witness has been repeatedly deprecated by the Courts and, therefore, the original 2nd Defendant could not have been summoned. 2. It appears from the record that the 2nd Defendant 2 who appeared before the Court has filed an affidavit in lieu of examination­in­chief. Therefore, he has shown his willingness to depose as a witness of the 1st and the 2nd Respondents. No case for interference is made out in writ jurisdiction under Article 227 of the Constitution of India. The Writ Petition is rejected. (A.S.OKA, J)