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2019 Supreme(Online)(MP) 133

HIGH COURT OF MADHYA PRADESH
Sarawati Vihar Colony Thr Rajendra Kumar Tongya – Appellant
Versus
Doli Bai – Respondent


Advocates:
Sanjay Kumar Sharma,Advocate General

O R D E R

(Delivered on 07/01/2019 In this petition under Article 227 of the Constitution of India, the petitioners have assailed the legality, validity and propriety of the order dated 11/08/2016 (Annexure P/1) passed by Second Additional Judge to First Civil Judge, Class-II Guna in Civil Suit No.31A/2016, whereby the application filed by the petitioners under Order XIII Rule 10 of Code of Civil Procedure for summoning the record from the Court of Sub-Divisional Officer, Guna has been rejected.

(2) The brief facts leading to filing of this case are that suit for declaration of right and permanent injunction with regard to the share in the agricultural land was filed by the respondent No.1/plaintiff. During the cross- examination, the respondent No.1 has denied signature on the compromise which she had submitted before the Sub-Divisional Officer in Case No.42/92-93, therefore, an application under Section 45 of the Evidence Act for summoning the report from the expert and comparison of thumb impression of the respondent No.1/plaintiff was filed which was rejected by the trial Court. Being aggrieved by the same, Writ Petition No.2926/2016 was filed before this Court which was finally

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