1. Heard learned Advocates for the respective parties.

2. Rule.

3. By consent, Rule is made returnable forthwith and the petition is taken up for final disposal.

4. The petitioner is aggrieved by the order dated 5.12.2015, by which, his application Exhibit 17 seeking leave to withdraw the affidavit filed in lieu of examination-in-chief or discard the said affidavit, was rejected.

5. I have considered the strenuous submissions of the learned Advocates for the respective sides.

6. There is no dispute that the petitioner had tendered his affidavit in lieu of examination-in-chief on 4.11.2015. Copy of the same was supplied to the defendants. However, before the cross-examination could begin, he filed an application Exhibit 17 on 18.11.2015, stating that owing to a typographical error on Page No.3 at paragraph No.(C), it is wrongly stated that the plaintiff admits certain documents, which were favouring the defendants. It was canvassed that paragraph No.(C) is out of inadvertence and a typing mistake and hence the plaintiff be permitted to withdraw the said affidavit.

7. By the impugned order, the trial Court concluded on the basis of the view taken by this Court in Banganga Coopera