Affidavit evidence objections must be recorded before the Local Commissioner, not sought through expunction at the evidence stage.

An application seeking expunction of affidavit portions as beyond the pleadings and rejection of additional documents filed with the affidavit was held to be an improper remedy. Under Order 18 Rule 4 CPC, examination-in-chief may be filed by affidavit, while objections to its contents or to relied-upon documents should be recorded before the Local Commissioner and decided by the Court at final arguments. Order 19 Rule 3 confines affidavits to facts within the deponent's knowledge, but the correct course is to note objections rather than seek expunction at the evidence stage. Documents filed with an affidavit are not automatically admissible, and later filing with leave is permitted under Order 7 Rule 14 CPC.

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Issues: Whether the application seeking expunction of portions of the affidavit in evidence as being beyond the pleadings, and seeking refusal to take on record additional documents filed with the affidavit, was maintainable.

Analysis: Under Order 18 Rule 4 of the Code of Civil Procedure, examination-in-chief is to be filed by affidavit, and objections to the contents or to documents relied upon are to be recorded before the Local Commissioner and decided by the Court at the stage of final arguments. Order 19 Rule 3 of the Code of Civil Procedure confines affidavits to facts within the deponent's knowledge, but the proper course for a party objecting to alleged beyond-pleadings material is to have the objection recorded rather than to seek expunction at the evidence stage. The filing of documents along with an affidavit does not by itself make them admissible, and Order 7 Rule 14 of the Code of Civil Procedure permits later filing with leave of the Court; admissibility and proof can still be objected to and decided later.

Conclusion: The application was not a proper remedy and was liable to be dismissed; the objections, if any, were to be raised before the Local Commissioner and decided in accordance with law at the appropriate stage.

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