1. Petitioner has filed this application under Order 6 Rule 17 of Civil Procedure Code seeking amendment of the affidavit annexed with this petition copy whereof has been served upon the other side. Upon considering the pleadings of the parties, the court, framed 10 issues on December 30th, 1997. Issue No. 3 reads:-

"Whether the affidavit filed by the petitioner is not verified according to law, if so, what is its effect? OPR-3."

2. The court while framing the issues also directed that arguments shall be heard

on Issue No. 1 to 6 being issues of law. At this stage learned counsel for the petitioner has filed the application seeking amendment of the verification of the affidavit.

3. Respondents have filed objections stating therein that the petition deserves

to be dismissed as the defect of verification is patent and not curable. The application is preempting the courts from deciding the issues which have been set out for arguments. It is also stated that in case the application is entertained at this stage, it would conflict with the court order dated December 30th, 1997. The proposed affidavit filed with application is also defective and the application therefore, is liable to be di

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