Batsiya and ors. Vs. Ramgovind and ors.

Madhya Pradesh High Court (Single Judge)

WRIT PETITION, 6650 of 2014, Judgment Date: Jul 28, 2021

Law Laid Down:-

1. Once examination-in-chief is affirmed by way of filing it before the trial Court, thereafter, it is not possible to withdraw the said affidavit. Deponent may file an affidavit subsequent to it and to add or supplement the facts for the reason that order XVIII Rule 4 of CPC does not limit itself to a single affidavit but nonetheless deponent ought not be allowed to keep on filing fresh affidavits to keep improving his case in routine manner.

2. If plaintiffs file another affidavit for examination-in-chief, then earlier affidavit shall not stand deleted but shall form part of record and evidence over which the other side shall have all the authority and opportunity to cross-examine the witness on the basis of examination-in-chief of party as reflected in different affidavits filed under Order XVIII Rule 4 of CPC.

3. The maxim “Nullus cmmodum capere ptest de injuria sua propria”. No man can take advantage of his own wrong is one of the salient tenets of equity as has been held by the Apex Court in the case of Eureka Forbes Limited Vs. Allahabad Bank and others, (2010) 6 SCC 193 and recently by this Court in the case of Dharmendra Jatav Vs. State of M.P., 2021 2 MPLJ 327.

Batsiya and ors. Vs. Ramgovind and ors.