Can parts of an affidavit-in-evidence be struck off for allegedly going beyond the pleadings? Should objections to affidavits-in-evidence be decided before cross-examination or at the final stage? : Brij Praksh Gupta vs Ashwini Kumar (2020): The Hon'ble Delhi High Court on Scope of Affidavits in Evidence

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🧑‍⚖️ Brij Praksh Gupta vs Ashwini Kumar (2020): The Hon'ble Delhi High Court on Scope of Affidavits in Evidence

Keywords: CPC Order 18 Rule 4, affidavit-in-evidence, deletion of affidavit, cross-examination, pleadings, civil procedure, mesne profits, legal drafting, Delhi High Court judgment

🔍 Introduction

In the landmark case of Brij Praksh Gupta vs Ashwini Kumar, the Delhi High Court clarified the scope and admissibility of affidavits-in-evidence under the Code of Civil Procedure, 1908. Justice Prathiba M. Singh authored this decision on 6th February 2020, emphasizing that trial courts cannot delete parts of affidavits merely because they allegedly go beyond the pleadings—unless such parts are ex-facie irrelevant or inadmissible.

📂 Case Overview

  • Case Title: Brij Praksh Gupta vs Ashwini Kumar

  • Court: High Court of Delhi

  • Judge: Justice Prathiba M. Singh

  • Decision Date: 6 February 2020

  • Case No.: CM(M) 650/2019

  • Subject Matter: Possession, mesne profits, affidavit admissibility

🧾 Factual Background

The plaintiff, Brij Praksh Gupta, filed a civil suit for:

  • Recovery of possession

  • Mesne profits

  • Occupation charges

The Trial Court directed deletion of certain paragraphs from the plaintiff’s affidavit-in-evidence, stating they were not in the original pleadings.

🧑‍⚖️ Legal Issue

Can parts of an affidavit-in-evidence be struck off if they go beyond the pleadings?

⚖️ Legal Provisions Cited

  1. Order XVIII Rule 4 CPC – Evidence in chief to be by affidavit.

  2. Order XIX Rule 3 CPC – Affidavit must contain facts within personal knowledge.

🧠 Key Judicial Observations

✅ Affidavit-in-Evidence Is Evidence

Once filed, an affidavit becomes part of the evidence. It is not for pre-trial scrutiny or deletion unless:

  • It is wholly irrelevant

  • It clearly contradicts the pleadings

  • It is inadmissible by law

📌 Cross-Examination is the Remedy

If a party believes any part of the affidavit is inadmissible or goes beyond pleadings, it should:

  • Raise written objections

  • Cross-examine the witness on the specific issue

🛑 No Deletion Before Final Stage

The Court held that deleting portions of an affidavit at the evidence stage defeats the purpose of procedural efficiency introduced by the CPC amendment in 2002.

📚 Landmark Case Law Relied Upon

  • Ameer Trading Corp. v. Shapoorji Data Processing Ltd., (2004) 1 SCC 702

  • Harakchand v. Kashinath, (2010) 4 AIR Bom R 31

  • Mahabanoo Navroz v. Piloo Fali Bomanji, (2015) 3 AIR Bom R 151

  • Ramesh Kumar Arora v. Bhola Nath, 2011 (125) DRJ 356

🏛️ Final Ruling by Delhi High Court

  • The Trial Court's order of deletion was overturned.

  • The affidavit shall remain intact.

  • Objections, if any, must be recorded and addressed at the final hearing.

  • Trial Court instructed to dispose of the suit within 1 year.

🧾 Law Laid Down: Key Takeaways

PrincipleExplanation
Affidavits ≠ PleadingsAffidavits must contain facts within personal knowledge, not mere reproduction of the plaint.
Cross-Examination is EssentialDisputed content should be tested in cross-examination, not pre-deleted.
Deletion = Last ResortOnly in case of absolutely irrelevant or inadmissible content should deletion be considered.
Timing of ObjectionObjections should ideally be addressed at the final argument stage.

✒️ Conclusion: Practical Implications for Lawyers

This judgment is a must-read for civil litigators. It clarifies:

  • How to draft affidavits-in-evidence

  • When and how to object to improper affidavits

  • Why premature objections may delay justice

💡 Tip for Practitioners: Ensure your affidavit supports the pleadings but doesn’t merely copy them. Use personal knowledge. Avoid legal arguments or conjecture.

📌 For Students & Aspirants

This case is a model citation for topics under:

  • Civil Procedure Code – Order 18 & 19

  • Law of Evidence

  • Judicial conduct in civil trials

Use it in answers, case briefs, or court internship learning.

📝 Suggested Citation

Brij Praksh Gupta vs Ashwini Kumar, CM(M) 650/2019, Delhi High Court, 6 February 2020, per Justice Prathiba M. Singh.


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