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2016 Supreme(HP) 73

P.S.RANA
Chaman Lal – Appellant
Versus
Sunder Lal – Respondent


Advocates:
Advocate Appeared:
For the Revisionists:Ms. Ritta Goswami, Advocate.
For the Non-Revisionist:Mr. Sanjeev Kuthiala Advocate.

ORDER :

1. Present civil revision petition is filed against the order dated 19.7.2013 passed by learned Civil Judge (Junior Division) Mandi Himachal Pradesh whereby learned trial Court refused to examine Shri Shailesh Sharma Advocate as witness.

Brief facts of the case

2. Sunder Lal non-revisionist filed application under Order 39 Rule 2-A of Code of Civil Procedure pleaded therein that revisionists have intentionally and voluntarily violated the interim order of Court dated 24.4.2004 passed in CMA No. 46-IV of 2014. Non-revisionist sought the relief that property of revisionists be attached and sold and revisionists be also detained in civil imprisonment.

3. Per contra response filed on behalf of revisionists pleaded therein that revisionists did not violate the order of Court as alleged and further pleaded that petition under Order 39 Rule 2-A CPC filed without any cause of action.

4. Learned trial Court as per pleadings of parties framed following issues on 14.9.2007:-

1. Whether revisionists have willfully disobeyed order dated 24.4.2004? OPA

2. Relief.

5. Thereafter learned trial Court listed the case for non-revisionist evidence. Learned trial Court closed the evidence of non-














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