JUDGMENT 1. - The instant writ petition has been filed on behalf of the petitioner challenging the order dated 1.12.2010 passed by the learned Civil Judge (Senior Division), Churu in Civil Original Case No. 30/2007 whereby the learned Trial Court directed deletion of certain portions of the affidavit submitted by the plaintiff-petitioner. 2. Learned Counsel for the petitioner submits that there is no provision in the C.P.C by which, the portions of the affidavit can be struck off. He urged that the affidavit cannot be treated a par to the pleadings. He submits that the learned Trial Court's order, whereby, certain portions of the affidavit filed by the plaintiff-petitioner were directed to be struck off does not stand to scrutiny and is totally contrary to the letter and spirit of Order 6, Rule 16 of the C.P.C which only empowers the Court to strike out portions of the pleadings which only empowers the Court to strike out portions of the pleadings which in its opinion are in contravention of the Clauses (a), (b) and (c) of the Rule. 3. Per contra, learned Counsel for the respondents vehemently opposed the submissions advanced by the learned Counsel for the petitioner and submit that the portions of the affidavit which the learned Trial Court directed to be struck off were irrelevant, as such, the learned Trial Court was justified in directing them to be deleted. Learned Counsel for the respondents thus pray that no interference is warranted in the impugned order this Court in the writ jurisdiction. 4. Heard learned Counsel for the parties and perused the impugned order. 5. This Court is of the opinion that obviously the evidence given in the affidavit cannot be treated at par with the pleadings. The provisions of Order 6, Rule 16 of the C.P.C. empowers the Court to strike out or amend any matter in the pleadings submitted before it if the situation prescribed in sub-clauses (a), (b) and (c) of the rule arises. As the affidavit cannot be treated at par with the pleadings. In the opinion of this Court, the Court is not empowered to strike off the portions of the affidavit. Thus, the learned Trial Court was not justified in directing striking off certain portions of the affidavit submitted by the plaintiff-petitioner. As the affidavit cannot be treated at par with the pleadings. In the opinion of this Court, the Court is not empowered to strike off the portions of the affidavit. Thus, the learned Trial Court was not justified in directing striking off certain portions of the affidavit submitted by the plaintiff-petitioner. If at all certain portions of the affidavit filed by the plaintiff-petitioner are considered to be irrelevant, then, the learned Trial Court may ignore them whilst deciding the case finally. 6. In this view of the matter, the writ petition deserves to be accepted and is j hereby allowed. The order dated 1.12.2010 passed by the learned Civil Judge (Senior Division) Churu in Civil Original Case No. 30/2007, whereby, the learned Trial Court directed deletion of certain portion of the affidavit submitted by the plaintiff-petitioner is set aside.Stay petition is also disposed of.Petition allowed. *******