- (1.) W. M. P. No. 3565 of 1990 is filed by the petitioner, who is the respondent in W. P. No. 8427 of 1989 to expunge the remarks made by me in W. P. No. 8427 of 1989 on 12-2-1990.
(2.) Learned Advocate General appearing for the petitioner herein points out that the statement made in the counter-affidavit filed in W.P. No. 8427 of 1989, that "the affidavit order is in force" was erroneous and that it was only a genuine error caused on account of mistakes and omissions in the office of the City Government Pleader, which in turn misled the learned Government Advocate who prepared the counter-affidavit in that writ petition. The learned Advocate General further states that the averments in the counter-affidavit are not made wantonly but it was only a genuine mistake. It is further submitted that the petitioner was not aware of the details due to communication gap between the petitioner office and the office of the City Government Pleader, with regard to the stage of the suit and the interim order passed thereon in the suit pending before the City Civil Court.
(3.) I have gone through the affidavit filed by the petitioner and I have carefully considered the arguments of the learned Advocate General.;