MANISH DHARMAVAT Vs. BHANWAR LAL JAIN

JUDGEMENT

(1.) The present writ petition has been preferred against the order dtd. 2/7/2013, whereby petitioners' application under Order 18 Rule 4 read with Sec. 151 of Civil Procedure Code, has been rejected by the trial Court.

(2.) Mr. Thanvi, learned counsel for the petitioners invited Court's attention towards the plaint that was filed by the respondent-plaintiff and the affidavit (Annex.4) and submitted that affidavit in question is ad-verbatim the plaint.

(3.) He submitted that the affidavit in such form ought not to have been accepted by the trial Court. He submitted that such affidavit is in conflict of the mandate of Sec. 142 of the Evidence Act.