ABDUL SAMAD Vs. ABDUL WAHED

JUDGEMENT

(1.) I have heard the learned Advocates for the respective sides in both these matters, which are inter connected involving the same litigating sides and in relation to the same RCS No.65/2009.

(2.) The plaintiff had approached this Court in the first petition in 2009 upon being refused temporary injunction by the Trial Court as well as by the Appellate Court. After approaching this Court, he was granted temporary injunction by order dated 09/10/2009 and the petition was admitted. Since the suit is of 2009, the temporary injunction granted by this Court can be continued until the suit is decided. The first petition is, therefore, disposed off by continuing the temporary injunction in terms of the order dated 09/10/2009. Rule is therefore discharged.

(3.) In the second petition, the plaintiff is before this Court upon being aggrieved by the order dated 05/01/2016, by which the Trial Court has rejected application Exh.81 filed by the plaintiff seeking rejection of the second affidavit filed by defendant No.1 by way of examination in chief. Submission is that defendant No.1 has first preferred an affidavit in lieu of examination in chief. Before commencing the cross examination, he has filed one more affidavit in which it is stated that some of the portions set out in the first affidavit shall stand deleted. Exh.81 was filed by the plaintiff praying for an order that a witness cannot be permitted to withdraw an affidavit in lieu of evidence.