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2005 Supreme(Raj) 1530

GOVIND MATHUR
Ugam Raj – Appellant
Versus
Civil Judge (SD), Sojat City – Respondent


Advocates Appeared:
K.C. Samdariya, for Petitioner Vikas Balia, for Respondents No. 2 & 3

Honble MATHUR, J.–By this petition for writ a challenge is given to the order dated 19.2.2005 passed by learned Civil Judge (Senior Division), Sojat City in Civil Original Suit No. 62/1990 (51/2001), Gautam Raj & Anr. vs. Ugam Raj. By the order impugned dated 19.2.2005 the Court below decided issues No. 1, 11-A, 11-B and 11-C framed while adjudicating the suit for eviction from premises filed by the respondent plaintiffs.

(2). The plaintiffs respondent No. 2 and 3 preferred a suit in the year 1990 before the competent civil Court seeking decree against the petitioner defendant for eviction from premises rented and for recovery of rent. After filing of written statement by the petitioner defendant the Court adjudicating the suit framed 12 issues. Three additional issues numbered as 11-A, 11-B and 11-C were framed by the Court below as a consequence of acceptance of an application preferred by the petitioner defendant under Rule 17 Order 6 CPC for making amendment in the written statement. The additional issues so framed read as under:–

^^¼11,½ vk;k dkuwuu uksfVl ds vHkko esa nkok [kkfjt fd;s tkus ;ksX; gS\

¼11-ch½ vk;k oknh }kjk nkSjkus okn U;k;ky; }kjk fu/kkZfjr fdjk;k izkIr dj ysus l
































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