The Single Bench of the Delhi High Court in the case of Mis. Stellar Information Technology Pvt Ltd vs Mr. Chandan Kumar Chaudharyconsisting of Justice C. Hari Shankaropined that while O19R3 CPCdoes set out the contents of affidavits to be filed in civil proceedings, it does not permit striking off an affidavit from the record merely because it is not in terms of O19R3.
Facts
This petition under Article 227 of the Constitution assailed an order passed by the learned Additional District Judge (the learned ADJ) in CS DJ 438/17 (Stellar Information Technology Pvt. Ltd. v. Chandan Kumar Chaudhary).
Contentions Made
Petitioner: Three grounds of challenge were urged, the first was to the rejectionof the petitioner’s request that the affidavit filed by Defence Witness 1 (DW-1) be not exhibited, as it was argumentative in nature. The second was against the disallowanceof certain questions which the petitioner desired to put to DW-1. The third was against the warning administered in the impugned order to learned Counsel for the petitioner, for having made an incorrect statement regarding collection of certified copies as the same were presented in time.
Observations of the Court and Judgment
The Bench noted that while O19R3 CPCsets out the contents of affidavits to be filed in civil proceedings, it does not permit striking off an affidavit from the record merely because it is not in terms of O19R3. If the affidavit does not comply with the said Order, the assertions and averments in the affidavit stand compromised and the defence of the petitioner, on that score, would remain open to be urged at the appropriate stage before the learned ADJ.Regarding the issue of disallowance, it was noted that Article 227 of the Constitution does not empower this Court to monitor recording of evidence by the court below. Hence, the petition was dismissed.
Case:Mis. Stellar Information Technology Pvt Ltdvs Mr. Chandan Kumar Chaudhary
Citation: CRL.A. 823/2017
Bench: Justice C. Hari Shankar
Decided on: 21st July 2022
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