1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 4935 OF 2009 Vasant s/o Ramdas Chavan & others .. PETITIONER VERSUS The Maharashtra State Financial Corporation & others .. RESPONDENTS Mr. M.M. Joshi, Advocate for the petitioner. Mr. R.D. Deshpande, Advocate for respondent no.1. Mrs. M.T. Biradar, Advocate for respondent no.2. ===== CORAM : R. M. BORDE, J. DATE : 7th APRIL, 2010 PER COURT : 1 Objection was raised in the pending suit by the plaintiffs as regards the permissibility to take on record affidavit in the nature of examination in chief tendered by original defendant no. 2 under Order 18 Rule 4 of the Code of Civil Procedure. Plaintiffs / petitioners also request to discard the evidence being not contemplated by the provisions of the law. Application tendered by the plaintiffs was opposed by the contesting defendants and on consideration of the relevant aspects, the trial court was pleased to 2 reject the application. Taking into consideration the interlocutory nature of the proceeding, no interference in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India is called for in this petition. However, issue raised by the plaintiffs can be considered by the trial court while dealing with the matter on merits and while deciding the suit. Order passed at the interlocutory stage by the trial court on 12-3-2009 will not in itself be an impediment for reconsideration of such issue. Petition is devoid of substance hence stands rejected. 2 In view of dismissal of petition, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/wp4935.09.odt