IA No. 10980/2014 (of the defendant under Section 151 CPC)

1. This application has been filed for rejection of evidence by way of affidavit filed by the plaintiffs witness.

2. The counsels have been heard.

3. The contention of the counsel for the applicant/defendant is (i) that certain portions of the affidavit by way of examination-in-chief are beyond pleadings; (ii) that additional documents have been filed along with the affidavit, without permission having been sought therefor; (iii) that portions of the affidavit by way of examination-in-chief are argumentative in nature and extracts of certain documents; (iv) that the documents are sought to be proved without complying with Section 65B of the Indian Evidence Act, 1872; and, (v) that the affidavit by way of examination-in-chief is accompanied with documents of which the witness is not the author.

4. I have enquired from the counsel for the applicant/defendant whether not as per the amended Code of Civil Procedure, 1908 (see the Order XVIII Rule 4 of the CPC) all the said objections are not to come in the way of recording of evidence particularly when it has been ordered to be recorded before the Commissioner and the obje