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1982 Supreme(Raj) 405

DWARKA PRASAD
Shanker – Appellant
Versus
Lali – Respondent


JUDGMENT

1. - This revision petition has been filed against the order passed by the Munsif Sojat, rejecting the petitioner's application for leading his evidence.

2. The petitioner claims to be the adopted son of Bherji Mali and it is not disputed that the interest of the petitioner, who is a defendant in the suit, is identical to that of the plaintiff, who is her adoptive, mother, Smt. Lali wife of Bherji Mali. The trial court framed the issues in the suit, including one relating to the adoption of the petitioner, as his adoption was alleged by the plaintiff but was denied by the contesting defendant. The burden of some of the issues was placed on the contesting defendants Nos. 2 and 3. The plaintiff examined her evidence first. Then July 30, 1982 was fixed for examining the evidence of the contesting defendants. On that date, the contesting defendants led their evidence. Thereafter, on that very day, the petitioner filed an application stating that he could not file a list of his witnesses earlier, as he did not know what evidence would be led by the contesting defendants and it was only thereafter that he could decide as to which witnesses should be examined by him in his evidenc










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