V.K. Shali, J.

IA No. 2142/2011

1. This is an application filed by the defendant under Section 151 seeking the expunging of certain paragraphs filed in the affidavit by way of evidence on the ground that the same are beyond pleadings and also seeking a direction that the additional documents which have been filed along with the affidavit may not be taken on record.

2. Briefly stated the facts of the case are that the plaintiff filed the present suit for partition in the year 2004. The suit was contested by the defendants and they filed their written statement.

3. On the pleadings of the parties, the following issues were framed on 15.1.2009, which read as under:-

"(i)

Whether any HUF business of Sh.Shori Lal existed and if so, whether the plaintiff was a co-parcener? OPP

(ii)

Whether HUF of late Shori Lal existed and came to an end in 1966-67 by partition? OPP

(iii)

Whether business in the name of Punjab Glass & Plywood Co. was HUF business of defendant No. 1?

(iv)

Whether the property No. 1050, Patel Gali No. 1 and 2, Gandhi Nagar is an HUF property? OPP

(v)

Whether the plaintiff is entitled to any share in the suit property, if so, what share? OPP

(vi)

Whether the plaintiff is entitled to a decr