C.K.BUCH
PUSHPABEN CHAMPAKLAL SHAH (LOKHANDWALA) – Appellant
Versus
RIKHAVDEV TIRTHRAM SHARMA – Respondent
( 1 ) HEARD Mr. K. R. Joshi, learned counsel appearing for the petitioners and Ms. Renuka Gaur, learned counsel appearing on behalf of Mr. P. K. Handa for the respondents. Rule. The formal service of Rule is waived by Ms. Renuka Gaur on behalf of the respondents. The Rule is fixed forthwith on consent.
( 2 ) THE present petition is moved under Article 227 of the Constitution of India by the petitioners-orig. plaintiffs making grievance against the order passed by the ld. Civil Judge (J. D.), Ankleshwar, whereby the petitioners-orig. plaintiffs are directed to step into the witness-box as witnesses of the defendants and that too before the respondents-orig. defendants examination to disprove the case of the petitioners and to prove the contentions raised by the respondents-defendants in the written statement.
( 3 ) THE complication cropped up in the proceedings of Regular Civil Suit No. 10 of 1992 when the plaintiffs decided to lead evidence through their power of attorney holder. Undisputedly, there is a detailed cross-examination of Shri Ajay Ramlal, power of attorney holder of the plaintiffs and the contention of the defendants is that only with a view to prove cert
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