IBRAHIM FARUKMIYA KARAJGI Vs. KASIM KHAN

JUDGEMENT

(1.) HEARD the arguments of the learned Counsels for the petitioner and carefully perused the case papers including the impugned order made by the Trial Court, whereby, it has dismissed the application LA. No. V filed by the petitioner herein under Order 18, Rule 5 of the CPC read with Section 151 of the CPC requesting the Court to permit him to examine the party before the Court.

(2.) THIS is a plaintiffs revision petition against the order dated 27-8-2002 passed by the Trial Court in LA. No. V.

(3.) THE suit of the plaintiff filed before the Trial Court is one for the relief of specific performance, declaration and injunction. During the course of the trial, the plaintiff wanted to give evidence in Court, but the court below stated to have directed the plaintiff to give his affidavit under Order 18, Rule 4 of the CPC. It is stated that the petitioner herein filed an application under Order 18, Rule 5 of the CPC requesting the court to permit the petitioner to lead oral evidence in the manner as provided under Order 18, Rule 5 of the CPC instead of filing the affidavit as contemplated under Order 18, Rule 4 of the CPC. The Court below dismissed the application holding that after the amendment of the CPC, the petitioner is required to file an affidavit as contemplated under order 18, Rule 4 of the CPC and oral evidence cannot be permitted. It is against the rejection of the application filed by the petitioner herein under Order 18, Rule 5 of the CPC, the instant revision petition has been filed.