- (1.) THE witness under cross-examination is present. Mr. Mitra, counsel for the plaintiff, submits that costs to be paid in terms of previous order as a condition precedent have not been paid. It is submitted that an application seeking costs remission has been filed. The application is not appearing on the day's list. I think further cross-examination of the witness should continue and the question of payment in terms of the previous order should be examined when the application filed appears for hearing. List the application with the suit next day. Further cross-examination resumes.;