Page 1 of 3

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 1374 OF 2022

Ratnaprava Behera

….

Petitioner

Mr. Arijeet Mishra, Advocate

-versus-

Kaukab Parween and others

….

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

20.01.2023

01.

1.

This matter is taken up through hybrid mode.

2.

Order dated 6^th August, 2022 (Annexure-4) passed by

learned Senior Civil Judge, Keonjhar in C.S. No.130 of 2012 is

under challenge in this CMP, whereby an application filed by the

Defendant No.22-Petitioner to reject the evidence in affidavit of

Md. Mazaffer (P.W.1), has been rejected.

3.

Mr. Mishra, learned counsel for the Petitioner submits

that on commencement of trial, P.W.1 filed his evidence in

affidavit making certain statements at Paragraphs-3, 5 and 10,

which are beyond pleadings. Hence, relying upon the circular

dated 13^th May, 2007 issued by this Court, Defendant No.22-

Petitioner made an application to discard the statements made in

Paragraphs-3, 5 and 10. Learned trial Court relying upon the

decision of Brij Prakash Gupta –v- Aswini Kumar in CM(M