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2016 Supreme(Raj) 569

MOHAMMAD RAFIQ
Virendra Kumar – Appellant
Versus
Additional District Judge No. 1, Alwar – Respondent


Advocates Appeared:
For the Petitioner:Mr. R.K. Mathur, Senior Counsel assisted by Mr. Aditya Mathur, Advocate
For the Respondent:Mr. Mahendra Kumar Jain and Mr. Madho Swami, Advocates

JUDGMENT

Mr. Mohammad Rafiq, J.

This writ petition has been filed by the petitioners-plaintiffs against order dated 18.11.2013 passed by Additional District Judge No. 1, Alwar (for short 'the first appellate court') whereby application filed by the respondents-defendants in their appeal has been allowed and it has been directed by the first appellate court that rejoinder filed by the plaintiffs in response to amended written statement shall be kept confined to newly added para 4(a) of the amended written statement and rest of the averments made in the rejoinder shall be excluded from consideration.

2. Facts of the case are that a suit for eviction and arrears of rent was filed by plaintiff late Shri Rang Bahadur. Eviction of the defendants was sought on the ground of personal bona fide necessity of the suit shop by plaintiff as well as denial of title by defendants. The petitioners are predecessors in title of late Shri Rang Bahadur, who died during pendency of the suit. The trial court vide judgment dated 15.12.1995 decreed the suit. The first appellate court, on appeal filed by the respondents-defendants, vide judgment and decree dated 22.12.1998 dismissed the appeal and confirmed t































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