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2018 Supreme(Raj) 469

NIRMALJIT KAUR
Arvind Singh Mewar – Appellant
Versus
Mahendra Singh – Respondent


Advocates:
Advocate Appeared:
Anirudh Khatri, Aslam Naushad, Manish Shishodia, R.K Purohit, R.K Rathi

JUDGMENT :

Nirmaljit Kaur, J.

The present writ petition has been preferred against the order dated 10.01.2018 passed by the Additional District Judge No.2, Udaipur vide which the application filed by the plaintiff - respondent No.1 under Order 11 Rule 12 & 14 was allowed and the defendant - petitioner was ordered to produce the income tax returns of HUF as also in his personal capacity relating to the Estate of the H.L.H. Maharana Shri Bhagwat Singh Mewar along with the Assessment Orders.

2. The defendant - petitioner filed returns in the Income Tax Department in his personal and HUF capacity. Accordingly, an application under Order 11 Rule 12 & 14 was moved by the plaintiff - respondent seeking to produce the income tax returns as well as the Assessment Orders on the ground that they were relevant, material and necessary for adjudication of the dispute. The said application was allowed vide order dated 10.01.2018.

3. While praying for setting aside the said order, it was contended that the trial court has committed material irregularity in passing the said order, inasmuch as, four applications were filed by the same respondent - plaintiff in respect of the returns of the HUF which hav













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