(1.) Present revision petition has been filed against the dismissal of the application moved by the petitioner praying that the affidavit tendered in evidence be taken out of record.
(2.) Learned Trial Court rejected the application by holding that similar objection was taken when the affidavit was tendered and objection was left open. In spite of the said order the petitioner chose to file application in the court which has been dismissed by the learned Trial Court.
(3.) Learned counsel for the petitioner placed reliance on the judgment of this court in CR No. 6622 of 2005 Raj Kumar and others Vs. Bawa Jai Gopal Singh decided on 23.12.2005 to contend that the objection raised by the petitioner was to be decided by the court once it was raised and it could not be kept open. Reliance on the judgment is totally misconceived. In that case the question was with regard to the document to be taken on record.