present case, counsel for the respondent fairly agrees that impugned judgment dated 12.1.2005 be set aside and the same is set aside accordingly and appellant is granted liberty to now lead evidence of its witnesses. The documents which have been referred to by the appellant/defendant in its pleadings or otherwise, copies of which were on record, can be led into evidence by the appellant/defendant. Not more than four opportunities will be given to the appellant/defendant to lead its evidence of witnesses as examination-in-chief. The documents of the appellant/defendant are allowed to be taken on record subject to payment of costs of Rs.20,000/- to the counsel for the respondent in this appeal. Costs shall be paid on the first date which is fixed for examination of the witnesses of the appellant/defendant. 5. The appellant/defendant/judgment debtor had deposited the decretal amount in this Court and which was withdrawn by the respondent/plaintiff/decree holder after appeal was dismissed in default. Since now the appeal is allowed and remanded back to the trial court for fresh judgment to be passed after the appellant/defendant leads its evidence, instead of directing the respondent/plaintiff to deposit the amount in this RFA No.463/2005 page 3 of 4
