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2018 Supreme(P&H) 4498

RAJ MOHAN SINGH
Vivek Sharma – Appellant
Versus
Vani Sharma – Respondent


Advocates Appeared:
Mr. Kulwant Singh Advocate, for the Appellant; None, for the Respondent

JUDGMENT

Raj Mohan Singh, J. - Petitioner has challenged the order dated 29.04.2017 passed by the Addl. District Judge, Amritsar, whereby application under Order 6, Rule 2 CPC and Order 18, Rule 4 CPC moved by the respondent was allowed and para nos.2, 7 to 10 mentioned in the affidavit of the petitioner for examination-in-chief were rejected and struck off on the ground that the said paragraphs were beyond the pleadings of the plaint of the petitioner in the pleadings of petition under section 13 of the Hindu Marriage Act.

2. Brief facts of the case are that the petitioner filed a petition under section 13 of the Hindu Marriage Act for grant of divorce on the ground of cruelty before the Addl. District Judge, Amritsar.

3. The issue of consideration before this Court is whether the pleadings made in the affidavit/examination-in-chief of the petitioner can be struck off with the aid of Order 6, Rule 2 CPC and Order 18, Rule 4 CPC. Order 6, Rule 2 CPC pertains to the pleadings of the parties, whereas Order 18, Rule 4 CPC deals with recording of evidence. There is no provision for striking off examination-in-chief.

4. While issuing notice of motion on 04.04.2018, following order was pa

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