1. This writ petition under Article 227 of the Constitution of India is at the instance of the defendants in the suit challenging the order of the trial Court dated 29.9.2014, whereby the trial Court has permitted the respondents/plaintiffs to exhibit the affidavits as documents.

2. Learned counsel appearing for the petitioners submits that affidavits are not documents and they are not covered by the Evidence Act therefore, the respondents cannot be permitted to exhibit the same as documents.

3. As against this counsel for respondents has submitted that these affidavits have evidentiary value therefore, they have rightly been allowed to be exhibited.

4. Having heard the learned counsel for the parties and on perusal of the record, it is noticed that section 1 of Evidence Act, excludes the applicability of the Act to the affidavits presented to any Court. section 1 reads as under :

“1. Short title, extent and commencement. - This Act may be called the Indian Evidence Act, 1872.

It extends to the whole of India [except the State of Jammu and Kashmir] and applies to all judicial proceedings in or before any Court, including Courts-martial, [other than Court-martial convened under th