BANKIM BEHARI DAS Vs. MD. HASEN ALI

JUDGEMENT

(1.) The core question to be answered in the present revision petition is as to whether the learned trial court who has recorded the statement of the concerned PW can correct typographical mistakes in the examination-in-chief in the form of affidavit on the application filed by the witness himself.

(2.) Heard Mr. A.K. Purkayastha, learned (sic) for the (sic) Defendant.

(3.) Learned Counsel for the Petitioner, in order to answer the core question in negative, strenuously urged that the examination-in-chief of PW in the form of affidavit is not a pleading and, therefore, it cannot be corrected by the court who recorded the statement of PW by exercising his/her power under order 6, Rule 17 read with Section 151 of the Code of Civil Procedure. He further urged that the witness himself being neither Plaintiff nor Defendant in the civil suit is a stranger in the proceeding and, therefore, ho cannot file the application for correcting typographical mistake in his examination-in-chief in the form of affidavit to the court.