Affidavit evidence beyond pleadings: objections to inadmissible portions should be decided at final adjudication, not by deletion.

Order XVIII Rule 4 CPC requires examination-in-chief to be filed by affidavit, and Order XIX Rule 3 confines affidavits to facts within the deponent's knowledge. An affidavit in evidence should not go beyond the pleadings or contain surmise, conjecture, or argument, but it may expand factually on pleaded matters and include facts personally known to the deponent. Objections that portions are beyond pleadings or otherwise inadmissible are ordinarily to be raised and decided at final adjudication, with cross-examination proceeding in the meantime. Deletion of affidavit portions is usually unwarranted unless the material is wholly irrelevant or plainly beyond pleadings; the direction to file a fresh affidavit was therefore unwarranted and the affidavit was to be read as filed.

---

---

Issues: Whether the trial court was justified in directing deletion of portions of the affidavit in evidence and requiring the plaintiff to file a fresh affidavit on the ground that some statements were not reflected in the pleadings.

Analysis: Order XVIII Rule 4 of the Code of Civil Procedure, 1908 requires examination-in-chief to be on affidavit, and Order XIX Rule 3 confines affidavits to facts within the deponent's knowledge. The affidavit evidence may not travel beyond the pleadings or contain matters of surmise, conjecture, or argument, but objections that certain portions are beyond pleadings or otherwise inadmissible are ordinarily to be recorded and decided at the stage of final adjudication. Cross-examination may proceed notwithstanding such objections. Deletion of portions of an affidavit is not usually warranted unless the material is wholly irrelevant or ex facie beyond pleadings. The affidavit in evidence should not merely reproduce the plaint, but may factually expand upon pleaded facts and include matters within the deponent's personal knowledge.

Conclusion: The direction requiring a fresh affidavit was unwarranted, and the affidavit in evidence was to be read as filed. The objections to its contents were to be taken and decided at the final stage.

---