BRIJ PRAKSH GUPTA Vs. ASHWINI KUMAR

JUDGEMENT

(1.) The present petition challenges the impugned order dated 23&rd February, 2019, by which the ld. Sr. Civil Judge has directed the Plaintiff/Petitioner (hereinafter, "Plaintiff ") to file a fresh affidavit by way of evidence. Some parts of the earlier affidavit were expunged by the Trial Court on the ground that the same were not reflected in the pleadings.

(2.) The submission of Mr. R.S. Kela, ld. counsel for the Plaintiff, is that the paragraphs which have been expunged are, in fact, only elaborating on or giving the factual foundation for the pleadings already contained in the plaint. Ld. counsel submits that nothing alien to the plaint has been stated in the affidavit.

(3.) On the other hand, ld. counsel for the Respondent/Defendant (hereinafter, "Defendant"), after taking the Court through various portions of the affidavit-in-evidence, which, according to him, go beyond the plaint, submits that some of the facts sought to be introduced in the affidavit have no basis in the pleadings. Hence, he submits that the Trial Court's order deserves to be affirmed.