ESCORTS LTD Vs. NEELAM MALHOTRA

JUDGEMENT

(1.) THE abovementioned petition has been filed by the petitioners against the impugned order dated 5th March, 2012 passed by the learned trial Court whereby the application filed by the petitioners/defendants under Section 151 CPC for rejecting the evidence by way of affidavit filed on behalf of respondent No.1/plaintiff has been partly dismissed.

(2.) AS far as the facts of the case are concerned, respondent No.1/plaintiff was an employee of petitioner No.1 for over 28 years and in view of the financial crisis faced by the petitioners, she was asked to tender her voluntary resignation. However, aggrieved by the amount and payments received as full and final settlement due to her, respondent No.1 filed a suit for recovery of an amount of Rs.11,54,757/- against the petitioners.

(3.) THE learned trial Court in this regard observed that while an important feature of law of evidence is that no amount of evidence beyond pleading is permissible, the elementary rule of pleadings is that only facts shown of evidence are to be pleaded. In this regard, for the reasons set out, five paras of the affidavits were ordered to be deleted and the application was allowed to that extent.