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2003 Supreme(Raj) 1422

PRAKASH TATIA
Chaman – Appellant
Versus
Mohd. Ayub – Respondent


JUDGMENT

1. - Heard learned counsel for the petitioner.

2. This revision petition is against the order dated 16th Aug., 2003 by which the trial court directed the plaintiff's husband Mohd. Jakir to keep the plaintiff present in person in the court. The grievance of the petitioner is that the trial court has passed the non-speaking order and therefore, this order be set aside. Learned counsel for the petitioner submits that in reply to the plaintiff's suit allegations, defendant submitted written statement admitting the suit claim of the plaintiff, therefore, there is no need for the court to direct the plaintiff to remain present or direct the plaintiff's husband to keep the plaintiff present in the court.

3. Learned counsel for the petitioner provided copy of the plaint and the agreement dated 24th July, 2000 on the basis of which the present suit has been filed by the plaintiff and has not been decreed by the trial court despite the admission of the defendant admitting claim of the plaintiff in written statement.

4. It is projected in the plaint by the plaintiff that the plaintiff agreed to give her plot No. 74 situated near Naio-ki-Bagechi, Chopasani Road, Jodhpur to the defendant







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