Witness died

Querist : Anonymous (Querist) 13 June 2010 This query is : Resolved
in a suit for recovery of possession, on the side of defendant, DW2 filed proof affidavit and marked 3 documents and next hearing was posted for cross examination.

The day before the hearing date, DW2 died?

what will be the evidence of DW2?
can it be scrapped or taken as a whole?

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Raj Kumar Makkad (Expert) 13 June 2010
Some other person say any of the legal heirs of DW-2 shall come in the witness box and shall confirm the signature of the deceased on his affidavit and shall produce himself for cross-examination as if the affidavit was filed by him in his evidence in chief.

Arvind Singh Chauhan (Expert) 13 June 2010
Thanks Raj Sir! for proper direction.

Querist : Anonymous (Querist) 13 June 2010
Legal representatives or any person can identify the signature, but not the evidence

Uma parameswaran (Expert) 14 June 2010
Implead the legal heirs and continue as per the order of the Court.

Querist : Anonymous (Querist) 14 June 2010
Impleading L Rs is a procedure to be followed, but what will be the result of the Chief Examination

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