OM PRAKASH SHANDILYA Vs. SIKANDER LAL

JUDGEMENT

(1.) The present Civil Revision Petition filed under Section 115 of the Code of Civil Procedure (hereinafter referred to as the Code, for short) is directed against the Order dated 17th January, 2005 dismissing the application of the petitioner under Order XVIII Rule 4 of the Code.

(2.) The petitioners are defendants in the Suit for damages on account of defamation that has been filed by the respondent. The petitioners had filed their written statement and the case was fixed before the Trial Court for recording of evidence on 4th September, 2004 The respondent on 4th September, 2004 filed his affidavit by way of evidence. The same was examined by the Court at the time of filing itself and was returned back to the respondent with the observation that it should be refiled after necessary modification and changes. On the next date, i.e. 16th October, 2004 the respondent filed the affidavit by way of evidence and the same was taken on record by the learned Trial Court. On that date, i.e. 16th October, 2004 an objection was raised by the petitioners that the affidavit by way of evidence should not have been taken on record.

(3.) It is the case of the petitioners that on 16th October, 2004 they had objected to the affidavit by way of evidence being taken on record on the ground that the respondent could not be permitted and allowed to file the same as the learned Trial Court had on 4th September, 2004 rejected and returned the affidavit sought to be filed by the respondent. It is also the case of the petitioner that on 16th October, 2004, the learned Trial Court compelled them to cross-examine the respondent and thereafter the matter was adjourned to 18th November, 2004