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Judgment
4 paragraphs · 200 wordsK.L. Manjunath, J.—The short question that arises in this writ petition is ; whether the Plaintiff-Petitioner should be permitted to substitute the affidavit filed in lieu of the examination-in-chief.
In the instant case, after the pleadings were completed and issues were framed, an affidavit was filed by the P.A. holder of the Plaintiff. Subsequently, he has been cross-examined. Thereafter, the Defendant has also let in evidence. when the case is set down for arguments, along with an application u/s 151 of Code of Civil Procedure, the Petitioner requested the Court to substitute the affidavit which was filed in lieu of examination in chief contending that by oversight such an affidavit had been filed and that there are subsequent developments and therefore, the Petitioner may be permitted to substitute the affidavit. The trial Court has rejected the same. Challenging the order of the trial Court, the present petition is filed.
Having heard the Counsel for the Petitioner, this Court is also of the opinion that when once evidence is completed, the party cannot be permitted to substitute his affidavit, which amounts to withdraw the earlier examination in-chief and substitution of fresh examination-in-cheif.
Accordingly, the writ petition is rejected.