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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR.

ORDER

13.02.2013

SB CIVIL WRIT PETITION NO.17481/2012

Smt. Saida

Vs.

Civil Judge (SD),No.1, Sri Madhopur, Distt.,

Sikar.

HON'BLE MR. JUSTICE JAINENDRA KUMAR RANKA

Mr. Ajay Gupta, for the petitioner.

Mr. Raj Kamal Gaur, for the respondents.

Instant writ petition has been filed

by the petitioner challenging the interlocutory

order dated 16.8.2012 passed by the learned

Civil Judge (SD), No.1, Sri Madhopur, District,

Sikar, in Civil Suit No.74/2002 whereby the

application filed by the applicant-petitioner

under O.3 Rule 1 CPC had been rejected.

The brief facts leading to this writ

petition are that petitioner is a 'Parda

Nasheen' lady and usually remains ill, is not

in position to attend the Court and she made a

power of attorney in favour of her brother

Mohd. Yusuf, to perform all affairs on her

behalf in the suit which is pending before the

trial Court. Copy of the power of attorney and

prescription of medical treatment were also

submitted before the trial Court along with the

application

dated 11.1.2012. The said

application was contested by the non-

petitio