// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5141/2008 Surendra Gaur s/o Shri Badari Narain and Another Versus Additional District & Sessions Judge No.1, Jaipur, District Jaipur and Smt. Sanjana Devi W/o late Shri Hari Ram Bhadu Date of Order ::: 30.06.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri B.D. Agarwal, Counsel for petitioners #### By the Court:- Heard learned counsel for the petitioner. The plaintiff-respondent No.2 filed a suit for declaration, cancellation of sale-deed dated 20th June, 2005 and agreement dated 07.12.2004, and for permanent injunction. The defendants filed their written-statement. Thereafter the plaintiff filed her affidavit. During the pendency of the suit, the defendant-petitioner filed an application in the trial court for deletion of certain portions of the affidavit of the plaintiff on the ground that the said facts/evidence, as incorporated in the affidavit, are beyond the pleadings of the plaintiff. The application was contested by the plaintiff by filing a written- reply to the aforesaid application. The trial court, after hearing both the parties, observed that the defendants will be at liberty to cross-examine on the aforesaid points from the plaintiff and // 2 // refused to delete the disputed portion of the affidavit of the plaintiff, as prayed in the application. The trial court also gave a liberty to the defendant to raise an objection in this regard at the time of final disposal of the suit. The said order has been challenged by the defendant-petitioner in this writ petition. I have considered the submissions of learned counsel for the petitioner in the light of reasons assigned by the trial court while rejecting their application as mentioned above and, after considering the same, I do not find any illegality, perversity or jurisdictional error in the impugned order so as to interfere with the same while exercising powers under Article 227 of the Constitution. There is no merit in this writ petition and the same is accordingly dismissed. (Narendra Kumar Jain) J. //Jaiman// // 3 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Stay Application No.1069/2008 In S.B. Civil Writ Petition No.5141/2008 Surendra Gaur s/o Shri Badari Narain and Another Versus Additional District & Sessions Judge No.1, Jaipur, District Jaipur and Smt. Sanjana Devi W/o late Shri Hari Ram Bhadu Date of Order ::: 30.06.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri B.D. Agarwal, Counsel for petitioners #### By the Court:- Consequent upon dismissal of the writ petition itself, the stay application, filed therewith, does not survive and the same is also dismissed. (Narendra Kumar Jain) J. //Jaiman//