10.Issues 4, 5 and 6 would arise only on the Plaintiffs being able
to adduce evidence and discharging their evidentiary burden under
Issues 2 and 3. The Plaintiffs led the evidence of one P.D. Utale. He
filed two affidavits in lieu of examination-in-chief. He also filed an
affidavit of documents and a compilation. That compilation
contains only photocopies. On 5th January 2012, the Plaintiffs
advocates gave the Defendants a notice to admit documents. On
31st January 2012, the 2nd Defendant’s advocate replied declining
to admit any of these documents. On that very day, the matter was
taken up before the Commissioner appointed for recording of
evidence Mr. Vishal Sheth, learned advocate of this Court. Before
proceeding, learned counsel for both the Defendants submitted
their objections, including that the witness had produced only
photocopies; that he had no personal knowledge of the facts of the
case; that he was not the author of any of the documents; that he
could not attest the correctness of their contents; and that no case
for secondary evidence had been made out. It was also pointed out
that one document seemed to have been unauthorisedly
overwritten. All this forms part of minutes of the meeting dated
31st January 2012 before the learned Commissioner.
