GARJA RAM Vs. KAMLA DEVI

JUDGEMENT

(1.) By means of this petition, the petitioner has challenged the order dated 22.2.2011 passed by the learned Civil Judge (Sr. Division), Bilaspur, District Bilaspur, HP rejecting the application filed by the petitioner (hereinafter referred to as defendant No.1) praying that the affidavit filed by respondent No.1 (hereinafter referred to as the plaintiff) be ordered to be struck off and she be directed to file a fresh affidavit.

(2.) According to the plaintiff, she is the legally wedded wife of defendant No.1 and out of this wedlock three children were born. According to her, defendant No.1 has illegally "kept defendant No.2 as his wife/concubine" and one child has been born out of this wedlock. The case of the petitioner-defendant is that the plaintiff is not his wife and defendant No.2 is his legally wife. This is the short dispute between the parties, but like in all matters of this nature, ego takes prominence and things which are not within the realm of law are alleged against each other.

(3.) In terms of Order 19 of CPC, the plaintiff was directed to file her affidavit in evidence. Order 19(1) reads as follows:-