NITIJ KUMAR Vs. CHET RAM SINGH

JUDGEMENT

(1.) Plaintiff filed an application for rejecting the affidavit of the defendant tendered in evidence. He contended in the said application that the defendant had traversed beyond the contentions raised in his written statement and therefore, the affidavit of the defendant tendered in evidence was liable to be rejected.

(2.) Defendant contended in the reply to the said application that the plea for rejection of the affidavit tendered in evidence was not supported by the provisions of law. Further, it has been contended that the objections raised by the plaintiff could at best be taken note of by the trial Court during the course of cross-examination.

(3.) Trial Court placing reliance upon the decision of the Bombay High Court in Cesar Rego Fernandes and others v. Angela Ninetta Oliveira Fernandes and others, 2008 2 CivCC 463 (Bombay) held that the question of striking out the paragraphs from the affidavit tendered in evidence would not arise as it was beyond the scope of the Code of Civil Procedure. The Court will have to ultimately decide the relevance and weight of evidence on recording objections raised during the cross-examination of such a witness.