Madhya Pradesh High Court
Smt. Reeta Bais vs Vishwapratap Singh Bais on 9 July, 2018
1 MP-3180-2018
The High Court Of Madhya Pradesh
MP-3180-2018
(SMT. REETA BAIS Vs VISHWAPRATAP SINGH BAIS)
1
Gwalior, Dated : 09-07-2018
Shri Vivek Khedkar, learned counsel for the petitioner.
Heard on admission and interim relief.
At the outset, learned counsel for the petitioner seeks permission of
this Court to withdraw this petition in respect of order dated 18.04.2018
(Annexure P-1) passed by the Principal Judge, Family Court, Gwalior,
whereby application under Order 6 Rule 17 of CPC preferred by the
respondent has been allowed. The said withdrawal has been made because of
effect of Rule 7 Chapter X of High Court of Madhya Pradesh Rules 2008. He seeks permission to challenge the said order in accordance with law by way of separate misc. petition.
Prayer accepted.
Certified copy of order dated 18.04.2018 be supplied back to the petitioner after replenishing with the photocopy.
Heard the petition on admission in respect of order dated 21.06.2018 (Annexure P-2). By the said order, Principal Judge, Family Court, Gwalior has allowed the application under Order 8 Rule 1(3) of CPC preferred by the petitioner for taking transcription of CD on record.
The grievance of the petitioner is that unless the electronic record is produced duly certified as per provision of 65(B) of Indian Evidence Act, the same could not have been taken on record. He relied upon the judgment rendered by the Hon'ble Supreme Court in the case of C.Anvar P.V. Vs. P.K. Basheer and other [2014 (10) SCC 475].
Issue notice to the respondent on payment of process fee within three working days through registered A.D. mode, returnable within four weeks.
Till next date of hearing, proceedings pending before the Trial Court shall remain stayed.
Certified copy as per rules.
(ANAND PATHAK) JUDGE Rashid Digitally signed by RASHID KHAN Date: 2018.07.09 17:17:13 +05'30'