PREM CHANDRA JAISWAL Vs. AKANCHHA JAISWAL

JUDGEMENT

(1.) PRESENT Civil Revision has been filed against the judgement and order dated 10. 9. 2008 passed by the Additional District Judge Court, No. 8, Bhadohi in Misc. Case No. 34 of 2004, whereby objection of plaintiff/revisionist against filing of document with Examination-In-Chief on affidavit filed by the defendant/respondents was rejected.

(2.) IN the present case, Misc. Case No. 33 of 2004 has been filed by Prem Chandra in the court of Additional District Judge, under Section 10 of the Guardian and Wards Act for being appointed as guardian of master Kush. In the said proceeding, written statement had been filed by Akanchha Jaiswal. denying the claim of plaintiff, but no documentary evidence were filed along with written statement. Issues have been framed. Examination-in-Chief filed by Akanchha Jaiswal under Order 18 Rule 4 of C. P. C. on affidavit and along with Examination-in-Chief five documents have been filed, which were not filed in the written statement and also not mentioned in the list of the documents. Objection had been filed that said document may not be permitted to be filed with the affidavit. Said objection has been over ruled and order has been passed. At this juncture present Civil Revision has been filed.

(3.) IN the present case, order impugned has been perused. Along with affidavit, documentary evidence has been filed. Qua the said documentary evidence, opportunity has been provided for to the plaintiff/revisionist to cross-examine the aforementioned incumbent on whose behalf said documents has been filed.