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2010 Supreme(P&H) 1321

MAHESH GROVER
Archana Rastogi – Appellant
Versus
Vivek Rastogi – Respondent


Advocates appeared:
Ms. Geeta Luthra, Senior Advocate with Ms. Meenakshi Dogra and Mr. Jatin Sehgal, Advocates for the petitioner.

JUDGMENT

Mahesh Grover, J. - C.M.No.8078-CII of 2010

Allowed as prayed for

C.R.No.2100 of 2010

This revision petition is directed against order dated 25.2.2010 passed by the District Judge, Family Court, Gurgaon (hereinafter described as `the trial Court') vide which the application of the petitioner filed under Order 19 Rule 3 read with Section 151 of the C.P.C. has been rejected. During the course of matrimonial proceedings, while recording evidence, the respondent is said to have furnished an affidavit as a measure of his testimony which has given rise to the grievance to the petitioner, who has stated that the contents of the affidavit by way of evidence cannot be looked into as they are beyond pleadings and, therefore, such paragraphs need to be expunged. The second grievance that has been made by the petitioner is that the affidavit deserves to be rejected because of defective verification.

2. The trial Court, by virtue of the impugned order, negatived the plea of the petitioner and particularly, stated that the impact of such objections shall be assessed at the time of evaluation of the evidence.

3. The petitioner, by way of this petition, assails the impugned order and the r





















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