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2022 Supreme(MP) 903

DWARKA DHISH BANSAL
Sai Pooja Education Societythrough Its Secretary Ashish Saraph – Appellant
Versus
Pooja Yadav – Respondent


Advocates Appeared:
Shri. Vipin Yadav-Advocate, for the Appellant.

ORDER

1. Heard on admission.

2. This Misc. Petition has been filed challenging the order dated 13.06.2022 (Annexure P-3) passed by Ilnd District Judge, Jabalpur whereby right of plaintiffs to file affidavits of other witnesses was closed for want of filing of all the affidavits under Order 18 Rule 4 CPC on the same and one date i.e. 13.06.2022.

3. Learned counsel for the petitioners submits that there is no provision in the CPC, specially under Order 18 Rule 4 CPC, which makes mandatory for filing affidavits of all the witnesses on one date. He submits that because crossexamination of the plaintiff-Ritu Yadav was not started by the defendant No.1 and even the learned court did not fix the case for cross-examination of the said witness, the plaintiffs submitted affidavit of other witness on the next date i.e. 20.06.2022, but the same was refused in the light of the order dated 13.06.2022 and by this order first time listed the case for cross-examination of the plaintiff-Ritu Yadav. Learned counsel for the petitioners submits that Order 18 Rule 4 CPC does not provide that affidavits of all the witnesses should be filed on one and same date.

4. The contention of learned counsel for the pe

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