Fair trial requires cross-examination and consideration of rejoinder affidavits where disputed facts are tried on affidavit evidence.

Refusal to allow cross-examination of affidavit deponents and to receive a ready rejoinder-affidavit, where the dispute was being tried on affidavit evidence and serious factual issues remained unresolved, amounted to denial of a fair trial. The court held that cross-examination was necessary to test the truthfulness of the affidavits and properly resolve disputed facts, and that excluding the rejoinder without material delay was unjustified. The proceedings were therefore found erroneous, and the matter was remanded for fresh disposal with opportunity to cross-examine the deponents and place the rejoinder on record.

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Issues: Whether the refusal to permit cross-examination of the deponents of affidavits and to take the rejoinder-affidavit on record resulted in denial of a fair trial, warranting reversal and remand.

Analysis: The company petition was tried on affidavit evidence. The parties had not finally abandoned the right to seek cross-examination of affidavit deponents, and the question remained open for judicial consideration. Since the rejoinder-affidavit was ready and could have been taken on record without material delay, and since cross-examination could have assisted in testing the truthfulness of the affidavits and in resolving disputed facts, the refusal to permit both was held to be erroneous. The proceedings were required to be conducted with a fuller evidentiary opportunity, especially because the petition involved serious allegations and fact-finding on affidavit evidence alone.

Conclusion: The appellants were held to have been denied a fair trial, and the matter was remanded for fresh disposal after allowing cross-examination of the affidavit deponents and taking the rejoinder-affidavit on record.

Ratio Decidendi: Where a matter is tried on affidavit evidence and the disputed facts cannot be properly resolved without testing the affidavits, the court should ordinarily permit cross-examination and receive the rejoinder if its exclusion would prejudice a fair adjudication.

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