HOWRAH MOTOR COMPANY LTD Vs. EXCIDE INDUSTRIES LTD

JUDGEMENT

(1.) This is an appeal filed by the defendant/appellant in respect of an order 20th January, 2005. The said order contains the following directions - (i) The plaintiff/respondent given liberty to file a Supplementary Affidavit in respect of the witness who had already filed his examination-in-chief by way of affidavit. (ii) The plaintiff has been directed to file further Affidavit Evidence in respect of other witnesses proposed to be called by the plaintiff. (iii) The defendant/appellant has been given liberty to file their Affidavit Evidence in similar fashion within two weeks thereafter even before the cross-examination of the first witness is complete.

(2.) Mr. Chowdhury, learned senior Advocate appears on behalf of the appellant/defendant submitted that each and every direction is erroneous and is liable to be set aside by reason of the direction being contrary to the High Court Rules, (Original Side), the Evidence Act and the Code of Civil Procedure. The directions are inconsistent with recognized principles of fair trial of a suit, in the Original Side of this Hon'ble Court.

(3.) He drew our attention to Chapter 14 of the High Court Rules (Original Side) which deals with "Proceedings at the hearing of suits : Record of Evidence".