JUDGMENT

Costello, J. - The only possible point which could be taken is that this is not a matter which can properly be said to fall within the provisions of Section 115, Civil P.C. But in this particular case the learned Judge has taken such a fantastic view of the law and has made an order in circumstances where it is quite impossible for this Court to make any order than that we feel not only justified in exercising but bound to exercise our power in revision to set this order aside. We can only express astonishment that a Judge of the experience of the learned Judge should have so misconceived the operation and function of a written statement as to imagine that because something is put in in a written statement which in a sense is not true, and something is omitted from the written statement that of itself constitutes an offence u/s 193, I.P.C. It is obvious that written statement in a civil suit corresponds to the pleading which in England is called the defence, and that being so it is competent to the defendants to a suit to raise such pleas in their written statements as they think fit or to abstain from raising things which appear to the defendants not to be of advantage to