DHANNEY SINGH Vs. GRAM PANCHAYAT, JASRASAR AND ORS.

JUDGEMENT

(1.) The instant writ petition has been filed on behalf of the petitioner challenging the order dated 1.12.2010 passed by the learned Civil Judge (Senior Division), Churu in Civil Original Case No. 30/2007 whereby the learned Trial Court directed deletion of certain portions of the affidavit submitted by the plaintiff-petitioner.

(2.) Learned Counsel for the petitioner submits that there is no provision in the C.P.C by which, the portions of the affidavit can be struck off. He urged that the affidavit cannot be treated a par to the pleadings. He submits that the learned Trial Court's order, whereby, certain portions of the affidavit filed by the plaintiff-petitioner were directed to be struck off does not stand to scrutiny and is totally contrary to the letter and spirit of Order 6, Rule 16 of the C.P.C which only empowers the Court to strike out portions of the pleadings which only empowers the Court to strike out portions of the pleadings which in its opinion are in contravention of the Clauses (a), (b) and (c) of the Rule.

(3.) Per contra, learned Counsel for the respondents vehemently opposed the submissions advanced by the learned Counsel for the petitioner and submit that the portions of the affidavit which the learned Trial Court directed to be struck off were irrelevant, as such, the learned Trial Court was justified in directing them to be deleted. Learned Counsel for the respondents thus pray that no interference is warranted in the impugned order this Court in the writ jurisdiction.