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S.B. Civil Writ Petition No. 210/2015. Case: Khamadevi Vs Ushadevi and Ors.. Rajasthan High Court

Judgment Cited in Precedent Map Related
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Case NumberS.B. Civil Writ Petition No. 210/2015
CounselFor Appellant: M.L. Khatri, Advocate
JudgesArun Bhansali, J.
IssueCode of Civil Procedure, 1908 (CPC) - Order XIV Rule 2; Constitution of India - Articles 226, 227
Citation2015 (1) WLN 476 (Raj)
Judgement DateJanuary 13, 2015
CourtRajasthan High Court

Judgment:

Arun Bhansali, J.

  1. This writ petition under Article 226 and 227 of the Constitution of India is directed against order dt. 01.10.2014 passed by Board of Revenue, Ajmer ('Board'), whereby, the revision petition filed by the petitioner against order dt. 12.06.2014 passed by Sub Divisional Officer, Balotra ('SDO') has been dismissed. The plaintiffs-respondents filed a suit for declaration, partition and permanent injunction; a written statement was filed by the defendant-petitioner; based on the pleadings of the parties, issues were framed.

  2. An application under Order XIV, Rule 2 CPC was filed by the petitioner seeking decision on issue Nos. 4 and 7 as preliminary issues.

  3. The SDO by his order dt. 12.06.2014 came to the conclusion that issues were framed on 15.12.2009, whereafter, the same were amended on 10.05.2011; after the affidavits were filed by the plaintiffs, on account of failure of the defendant to cross-examine, the right to cross-examine the defendant was closed; however, on an application made by the defendant, on costs, opportunity to cross-examine was granted, which was availed and the cross-examination was completed on 13.09.2012; after several opportunities for leading evidence, the present...

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