TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether the trial court had power to strike out portions of an affidavit in lieu of examination-in-chief, and whether objections to such portions had to be considered immediately or at the stage of final hearing.
Analysis: An affidavit filed in lieu of examination-in-chief partakes the character of examination-in-chief under Order XVIII Rule 4 of the Code of Civil Procedure, 1908. The Court held that there is no provision in the Code empowering the court to direct deletion of any portion of such affidavit. At the same time, if a party objects that particular statements are beyond the pleadings or otherwise irrelevant, the objection may be recorded in writing and the witness's attention may also be drawn to the objectionable portion in cross-examination. Such objections are to be considered while deciding the suit, and the court may discard evidence that has no foundation in the pleadings or lacks relevance.
Conclusion: The trial court's refusal to strike out portions of the affidavit was upheld, but the application was directed to be treated as a written objection to be considered at the final hearing. The petitioner obtained only limited relief on the manner and timing of consideration of the objection.
Ratio Decidendi: A court has no power to delete portions of an affidavit filed in lieu of examination-in-chief, but objections that the evidence goes beyond the pleadings may be raised in writing and considered at the final hearing, when such evidence may be disregarded.
TaxTMI 
TaxTMI 
