MAHENDRA KANTILAL PATEL Vs. ANKUSH NARAYAN CHAUDHARI

JUDGEMENT

(1.) This petition is filed under Article 227 of Constitution of India, 1908 challenges order dtd. 21/11/2018, passed by the City Civil Court Mumbai, rejecting application of petitioners/original defendants, to delete the portion of affidavit in examination-in-chief of the plaintiff.

(2.) Learned counsel for the petitioners relying on the judgments of this Court in the case of Mahabanoo Navroz Kotwal Vs. Piloo Fali Bomanji Amarchand Mansion and Anr. Reported in (2014) SCC OnLine Bom 615 and another judgment of this Court in Rajendra Singh Chhatrasal Singh Kushwaha reported in 2013 (6) Mh.L.J. 802, submitted that the Court cannot permit a party to permit an irrelevant evidence or evidence in relation to issue even in the affidavit filed by way of examination-in-chief in lieu of oral evidence.

(3.) Having perused the impugned order, in my opinion, the Civil Court has partly allowed the notice of motion filed by the petitioners. The portion which the Civil Court found irrelevant were directed to be deleted, however, portion which the Trial Court found not necessary to be deleted are kept as it is.