SAGAR SINGH YADAV Vs. SUDAMA SINGH YADAV

JUDGEMENT

(1.) By invoking jurisdiction of this Court under Article 227 of the Constitution, the petitioner/plaintiff has called in question the legality, validity, correctness and propriety of the order dated 7.8.2013, whereby the court below has directed the petitioner to depose the statement by way of examination in chief in the court and the affidavit filed under Order 18 Rule 4 of the Code of Civil Procedure (CPC) is discarded.

(2.) The petitioner filed a suit for declaration and permanent injunction. The said suit was registered as Case No. 10A/2013 before the Fourth Additional District Judge, Bhind. In the proceedings of the said suit, the petitioner filed affidavit of its witness Keral Singh Yadav under Order 18 Rule 4 CPC. Plaintiff also filed his own affidavit under Order 18 Rule 4 CPC. The court below by examining this affidavit opined that affidavit is running in seven pages. Prima facie affidavit appears to have been prepared by somebody else or by an Advocate. In this view of the matter, the court below opined that in the interest of justice the plaintiff be directed to enter the witness box and his statement will be recorded in the court. Aggrieved by this order, the present petition is filed.

(3.) Shri Rohit Jagwani, learned counsel for the petitioner submits that after the amendment in the CPC, it is obligatory on the part of the court below to record the statement of the witnesses by way of accepting affidavits under Order 18 Rule 4 CPC and court below has erred in rejecting the same.