SATYAKALA Vs. B N KRISHNAPRASAD

JUDGEMENT

(1.) THE short question that arises in this writ petition is; whether the plaintiff-petitioner should be permitted to substitute the affidavit filed in lieu of the examination-in-chief.

(2.) IN the instant case, after the pleadings were completed and issues were framed, an affidavit was filed by the P.A holder of the plaintiff. Subsequently, he has been cross-examined. Thereafter, the defendant has also let-in evidence. When the case is set down for arguments, along with an application u/s. 151 of civil procedure Code, the petitioner requested the court to substitute the affidavit which was filled in lieu of examination-in-chief contending that by oversight such an affidavit had been filed and that there are subsequent developments and therefore, the petitioner may be permitted to substitute the affidavit. The trial court has rejected the same. Challenging the order of the trial court, the present petition is filed.