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2005 Supreme(Raj) 2529

GOVIND MATHUR
Shantilal – Appellant
Versus
Kanhaiyalal @ Krishna Chandra – Respondent


Advocates Appeared:
Mr. Sajjan Singh, for the Petitioners.
Mr. P.S. Bhati, for the Respondents.

Judgment

Govind Mathur, J.-By this petition for writ validity and propriety of the order dated 211.2003 passed by learned Additional District Judge No. 2, Udaipur is questioned. The circumstances giving rise to present petition are as follows:

2. The respondent plaintiff filed a suit against one Smt. Bhuribai widow of Shri Bhawanishankar Ameta seeking a decree for partition of the alleged joint property claiming himself to be adopted son of Shri Bhawanishankar. Smt. Bhuribai denied the plaintiff s claim with a specific assertion that Shri Bhawanishankar never adopted the plaintiff as his son. Smt. Bhuribai before her death on 011.1991 sold the property in question to present petitioners by a registered sale-deed dated 12.09.1989, consequently the petitioners became party to the suit and are now the defendants.

3. By an order dated 14.07.1999 learned trial Court rejected an application preferred by defendant petitioners under Order 13 Rule 2 CPC with a prayer to take on record a photostat copy of the Judgment dated 06.06.1987 passed by learned Additional Chief Judicial Magistrate No. 3, Udaipur in the case of State vs. Krishna Chandra @ Kanhaiyalal (Original Cr. Case No. 188/1985).














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