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2008 Supreme(Raj) 1916

DINESH MAHESHWARI
Jaman Singh – Appellant
Versus
Additional District Judge Rajgarh – Respondent


Advocates:
For the Petitioner:R.K. Singhal, Advocate.

JUDGMENT

1. - The plaintiff-petitioner has filed this writ petition on 11.03.2008 seeking to challenge an order dated 25.07.2005 (Annex. 3) passed by the Additional District Judge, Rajgarh in Civil Suit No. 27/2004 whereby, while rejecting an application moved by the petitioner under Order 8, Rule 1 of the Code of Civil Procedure (CPC), the written statement filed by the defendant No.1 has been taken on record on costs of Rs.500/-.

2. The background facts and relevant aspects as discernible from the averments taken in the petition, the documents annexed thereto, and the order-sheets placed for perusal by the learned counsel during the course of arguments are that the plaintiff-petitioner filed a suit for declaration and injunction in the Court of Munsif, Taranagar (Churu) on 24.08.1993 seeking to question the alleged adoption of the defendant No.1 Jaswant Singh (respondent No.2 herein) by late Smt. Sara Bai and further seeking to question a Will executed by her in favour of the said defendant essentially on the ground that the plaintiff was taken in adoption by Shri Nahar Singh, husband of the said Smt. Sara Bai. According to the plaintiff, Smt. Sara Bai had no authority to take the


































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