JUDGMENT 1. - None present for the respondents despite service. 2. This writ petition is directed against the order dated 17.5.2008 whereby the learned trial Court refused to take in evidence the affidavits filed by two witnesses on behalf of the defendant-petitioner on the ground that sufficient opportunity had already been allowed to the defendant. 3. The learned counsel for the petitioner-defendant submits that the affidavits duly attested could not be filed as deponents had left the Court after the affidavits had been verified by the concerned Oath Commissioner and therefore, the same could not be filed before the learned trial Court on that very day. He submits that the affidavits are of important witnesses and deserve to be taken on record and considered by the Court below. He, however, submits that the suit is at the stage of final arguments, therefore, he would produce these deponents of affidavit on one given date for cross-examination by the plaintiff so that the trial is not further delayed and also subject to payment of reasonable cost to the plaintiff. 4. Having heard the learned counsel for the petitioner-defendant and in the facts and circumstances of the case, this Court considers it expedient to dispose of this writ petition by directing the learned trial Court that the affidavits already produced by the defendant-petitioner may be taken in evidence and considered subject to cross-examination of these deponents on the next date fixed before the learned trial Court i.e. on 25.3.2009. If the trial Court has already fixed the date before the said date, the petitioner-defendant will be responsible to produce these witnesses on that very day otherwise on 25.3.2009 when after cross-examination of these witnesses, the learned trial Court may proceed with the trial. 5. The writ petition is accordingly disposed of. *******