S. B. Sinha, J. - (1.) Leave granted.
(2.) Interpretation of Order 18 Rules 4 and 5 of the Code of Civil Procedure falls for consideration in this appeal which arises out of a judgment and order dated 3-7-2003 passed by the High Court of Judicature at Bombay in W. P. No. 2428/2003.
(3.) The said question arises in the following circumstances. The respondent herein filed the suit No. 156/169 of 2001 in the Court of Small Causes Bombay against the appellant for eviction of the appellant inter alia on the ground that the provisions of Maharashtra Rent Control Act, 1999 had no application in relation to the premises in question. An affidavit was filed by the respondent herein purporting to be his examination-in-chief to be taken on evidence in the suit.;