TARAPADA MAJI Vs. BANSARI MOHAN MAJI

JUDGEMENT

(1.) This revisional application has been preferred under Article 227 of the Constitution of India against the order no. 50 dated 02/2/2007 passed by the ld. Civil Judge (Junior Division), Ghatal in Title Suit no. 53 of 2002.

(2.) Case of the petitioner is that he filed Title Suit no. 53 of 2002 in the Court below against the defendants/opposite parties praying for declaration and permanent injunction. Said suit was filed on 21/5/2002. On 13th June, 2006 due to incorrect legal advice and being in dark about the present procedure of law, the petitioner was examined as P.W. 1 in chief on oath and his statement was recorded by the court in part. As the procedure in recording the evidence in chief of the plaintiff/petitioner was not in accordance with law as per the amendment of the Code of Civil Procedure in the year 2002, so the petitioner filed an application praying for expunging the evidence so recorded and also to accept the evidence in chief of the petitioner which was given on affidavit. Said prayer was opposed by the opposite parties. Ld. Court below, by his impugned order, was pleased to reject the prayer for expunging the evidence, so recorded in chief.

(3.) Being aggrieved and dissatisfied with the said order, this revisional application has been preferred. It is the admitted position that by the amendment of the Code of Civil Procedure in the year 2002 it is incumbent upon the parties to submit evidence in chief by way of affidavit. But it appears that the evidence in chief of the plaintiff/petitioner was recorded on oath ignoring such provision.