MUSTAQUE AHMED KHAN Vs. MAHAMMAD NASIM

JUDGEMENT

(1.) This application is at the instance of the defendants and is directed against the order no.58 dated December 21, 2004 passed by the learned Civil Judge (Junior Division), First Court at Sealdah in Title Suit No.212 of 1997 thereby passing orders for keeping the petition dated October 1, 2004 filed by the petitioners with the record.

(2.) The opposite party instituted a Title Suit being T. S. No.212 of 1997 for eviction of the defendants on the ground of default and reasonable requirement. In that suit, the defendants/petitioners appeared and filed a written statement. The suit was at the stage of recording evidence. At that time, the plaintiff tendered evidence of the P.W.1 by way of an affidavit under Order 18 Rule 4 of the C.P.C. The defendants/petitioners filed an application dated October 1, 2004 for expunction of certain portion of the evidence which was not based on the plaint case. That application was not allowed by the learned Trial Judge but he kept the same with the record for consideration at the time of writing the judgment. Being aggrieved, this application has been filed.

(3.) Mr. Halder, learned Advocate appearing on behalf of the applicant, submits that if the evidence is tendered by the plaintiff by way of affidavits under Order 18 Rule 4 of the C.P.C. and if it exceeds beyond the pleading of the plaintiff, it should be expunged.