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2012 Supreme(Raj) 1757

MAHESH BHAGWATI
Chanchal Jain – Appellant
Versus
Additional District and Sessions Judge, No. 3, Jaipur Metropolitan, Jaipur – Respondent


Advocates:
For the Petitioner:P.S. Sirohi, Advocate.

JUDGMENT

1. - By way of the instant writ petition, the petitioner has beseeched to quash and set aside the order dated 24th February, 2012, whereby the learned Additional District Judge, No. 2, Jaipur Metropolitan, Jaipur, dismissed the application filed under Order 11 Rule 1 of CPC.

2. Shorn of unnecessary details, the facts of the case, in nub, are that the petitioner-plaintiff filed a suit for permanent injunction against the respondents in the court of District Judge, Metropolitan on 20th July, 2011, together with an application of temporary injunction filed under Order 39 Rule 1 and 2 of CPC. During the pendency of the suit, the petitioner plaintiff filed an application and delivered the interrogatories of which the reply was required to be sought for from the respondent No. 6. The learned trial court gainsaid to grant leave and dismissed the application under Order 11 Rule 1 of CPC observing that the respondent No. 5 Smt. Manita Jain had answered all these questions in his written statement of defence.

3. Heard the learned counsel for the petitioner and carefully perused the relevant material on record including the impugned order.

4. Learned counsel for the petitioner canvassed









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