Code of Civil Procedure, 1908–Order 6, Rule 17–Earlier affidavit was not marked as exhibits–Subsequent affidavit of same effect–Petitioner filed the application to exclude the same from marking affidavit–Dismissal of–No difference in contents and substance of both affidavits–Evidence of defence had not yet commenced–Code of Civil Procedure does not prescribe how the exhibit will be marked on the documents–Mere mentioning of exhibit number on the affidavit is an empty formality as the actual exhibits are required to be marked on original/ admissible copies of documents–Held, procedure adopted by trial Court cannot be alleged to be illegal or contrary to the prescribed procedure.
