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[Cites 2, Cited by 6]

Madhya Pradesh High Court

Nandu @ Gandharva Singh vs Ratiram Yadav on 19 January, 2018

                                THE HIGH COURT OF MADHYA PRADESH
                                           MP-1887-2017
                                    (NANDU @ GANDHARVA SINGH Vs RATIRAM YADAV)


          4
          Gwalior, Dated : 19-01-2018
              Shri Gaurav Mishra, learned counsel for petitioner.
              Heard on admission as well as IA No. 18707/2017, an
        application for interim relief.
              According to learned counsel for the petitioner, the trial Court




                                                                           sh
        erred in passing the impugned order rejecting the application of the




                                                                      e
        petitioner/defendant under Section 45 and 73 of the Evidence Act,




                                                                   ad
        while allowing the same application filed by the respondents/plaintiffs.

Pr He relied upon the judgment passed by this Court in the case of Usha Sharma (Smt.) Vs. Maharaj Kishan Raina and Anr., 2010 (I) a hy MPJR SN 22 and he seeks parity.

Issue notice to the respondents on payment of process fee ad through Ordinary as well as Registered A.D. mode within seven M working days. Notice be made returnable within four weeks.

Till next date of hearing, further proceedings of the Civil Suit of No. 29-A/2014 pending before Civil Judge, Class-I, Bhander, District rt Datia, shall remain stayed.

ou Certified copy as per rules. C (ANAND PATHAK) h JUDGE ig H LOKENDRA JAIN 2018.01.22 10:55:24 +05'30' (LJ*)