- (1.) This is an application under Article 227 of the Constitution of India ("the said application" in short) against Order No. 41 dated April, 20, 2004 passed by the learned Civil Judge (Junior Division). Second Court at Baruipur, District: South 24 Parganas in Title Suit No. 136 of 2001. By the order impugned the learned Trial Judge allowed an application filed by the defendant No. 1 and the affidavit evidence of Jiban Krishna Chowdhury, the plaintiffs' witness No. 1, was rejected.
(2.) The said application arises out of a suit for permanent injunction. The trial of the suit has commenced and one Jiban Krishna Chowdhury filed his affidavit-evidence on behalf of the plaintiffs. It is stated that the said Jiban Krishna Chowdhury is the husband of the plaintiff No. 2 and he, also holds Power of Attorney on behalf of the plaintiffs. The affidavit-evidence is filed in question and answer form. He has verified his statement as to true his knowledge and belief.
(3.) The defendant No. 1 filed an application for rejection of such affidavit-evidence on the ground that the affidavit-evidence was is not confirmation to the provisions of Order 19 of the Code of Civil Procedure.;