Ram Chand Gupta, J. - (1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 2.4.2011 vide which request of the Petitioner to tender additional affidavit or to allow him to examine himself in addition to the pleas already taken in the affidavit before starting cross -examination by counsel for the Respondent, was declined.
(2.) I have heard learned Counsel for the Petitioner and have gone through the whole record carefully including the impugned order passed by learned trial court. As is clear from the impugned order passed by learned trial court, cross -examination of the Petitioner has not yet started. The Petitioner had already filed an affidavit of his examination -in -chief. The present application has been filed by the Petitioner on the plea that his deposition on CR No. 3042 of 2011 -2 some important points could not be incorporated in the affidavit and hence, he made a request to allow him to file additional affidavit or allow him to examine himself before starting cross -examination by counsel for the opposite party. His plea has been declined by learned trial court on the plea that the same amounts to filling up the lacunae in the case of the Petitioner -Defendant.
(3.) HOWEVER , the said approach of the learned trial court is not legal. The Petitioner is having a right to file additional affidavit or to make a request to allow him to examine himself as a witness in addition to the averments already made in the affidavit before starting cross -examination by the other side.;