IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI

th

ON THE 13 OF JANUARY, 2026

MISC. PETITION No. 31 of 2026

SALEEM S/O SHRI MOHAMMED KHAN MEWATI

Versus

ABDULAH KHAN S/O SHRI NISSAR KHAN MEWATI

AND ANOTHER

Appearance:

Petitioner - plaintiff by Shri Makbool Ahmad Mansoori - Advocate.

Respondent No.2 - State of Madhya Pradesh by Shri Ayushyaman

Choudhary, Government Advocate appearing on behalf of the Advocate

General, on advance copy.

ORDER evidence on issues, which are to be proved by the defendant.

Heard on the question of admission and IA No.43 of 2026, an

application for stay.

This miscellaneous petition under Article 227 of Constitution of India

has been filed by the petitioner - plaintiff challenging impugned order dated 17.11.2025 (Annexure P/1) passed in Regular Civil Suit No.187-A of 2022

nd

by the learned 2 Civil Judge, Senior Division, Jaora, District Ratlam (MP) whereby an application (IA No.01 of 2025) filed on behalf of the plaintiff - petitioner under Order 18 Rule 3 of Code of Civil Procedure, 1908 (herein after referred to as the CPC) has been dismissed, on the ground that before commencing his evidence, the plaintiff has not opted for rebutti