PRAMOD KUMAR SHARMA Vs. BISWANATH SANTOSH KUMAR

JUDGEMENT

(1.) BY making this application under Article 226 of the Constitution of India, the plaintiff, as petitioner, has put to challenge the order, dated 08. 07. 2009, passed, in Title Suit No. 389/2006, by the learned Munsiff No. 1, Kamrup, Guwahati, whereby the learned Trial Court has not acceded to the plaintiff-petitioner's prayer that the evidence of DW 1, given in the affidavit, which was filed on 12. 12. 2008, be rejected inasmuch as the affidavit repeats the contents of some of the paragraphs of the written statement, that such statements are purely statements of law and such statements of law do not disclose any facts, the statements are argumentative in nature and, at times, the statements are mere submissions made, and conclusion drawn, by the deponent (DW 1 ).

(2.) THE moot question, therefore, which falls for determination, in the present revision, is this : When a party files his evidence on affidavit and such affidavit contains statements of law or contains his submissions, which are nothing but arguments of fact or law, or when the affidavit contains such statements, which are conclusions drawn from various facts, or which are mere submissions, how such affidavit and the contents thereof shall be treated, in law, and whether such an affidavit can be refused to be accepted by the Court or, otherwise, whether such an affidavit can be rejected ?

(3.) IN view of the fact that the impugned order, dated 08. 07. 2009, contains the essential facts, the contents of the order, dated 08. 07. 2009, are reproduced hereinbelow.