Ramayan Prasad Sen vs. Ramniranjan Sen

28.08.12

W.P.No.13083 of 2012

Shri Dipak Okhade, counsel for the petitioners. Heard on the question of admission.

The petitioners/plaintiffs have filed this petition under Article 227 of the Constitution of India for issuing the writ in the nature of certiorari for quashment of order dated 6.7.12 passed by the IV Civil Judge Class-II, Satna in C.O.S.No.20-A/11 whereby his application filed under Order 13 rule 10 of the CPC as well as the application under section 45 of the Evidence Act to call the record of some other case from other court/office and to get examine the signature of the compromise application filed in some earlier case from the hand writing expert respectively, have been dismissed.

In the course of arguments, in the available scenario of the case in which aforesaid applications have been filed after closing the evidence of the petitioners/plaintiffs, on making certain query from the petitioners counsel regarding maintainability of this petition at this juncture, on which, instead to argue he seeks permission withdraw this petition at this stage with liberty to file the appropriate fresh applications under Order 13 rule 10 of the CPC and section 45 of the Evidence Act after recording the evidence of the respondents/ defendants if the same appears to be necessary in the light of the depositions of such defendants and their witnesses with a further prayer to extend the liberty to raise the question which is raised in this petition subject to final judgment of the trial court on arising the occasion in a duly constituted appeal.

On consideration, by allowing the aforesaid prayer, this petition is hereby dismissed as withdrawn and not pressed by extending aforesaid both the liberties.

C.C as per rules.

(U.C.Maheshwari) Judge

MKL