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2012 Supreme(Raj) 21

DINESH MAHESHWARI
Babu Bhai Kashyap – Appellant
Versus
Praful Chand Contractor – Respondent


Advocates Appeared
Sandeep Shah, for Petitioner;
S.C. Maloo, for Respondents

Hon'ble MAHESHWARI, J.—Heard the learned counsel for the petitioner and perused the material placed on record.

2. By way of this writ petition, the defendant-petitioner seeks to question the order dated 29.04.2011 as passed in Civil Suit No.8/2010 whereby the learned Civil Judge (Sr.Div.), Mount Abu, while dealing with the suit for eviction filed with reference to Sections 105 and 106 of the Transfer of Property Act, has allowed the prayer made by the plaintiff-respondent per Order VIII Rule 9 of the Code of Civil Procedure; and has permitted filing of the replication by the plaintiff.

3. Assailing the order aforesaid, the learned counsel for the petitioner submitted that the learned Trial Court has acted wholly illegally, has approached the entire case from an altogether wrong angle, and has committed serious errors of law leading to failure of justice where it has permitted the plaintiff to place on record the parawise reply to the written statement in the name of replication, though such a course remains impermissible in law. The learned counsel also submitted that the objections as taken by the defendant-petitioner in relation to the prayer of the plaintiff have not been dealt wi




































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