THIMMEGOWDA Vs. DYAVEGOWDA

JUDGEMENT

(1.) In an appeal which is pending, the appellant has filed applications under Or. 19 R.1, as also under Or. 12 rs. 1 & 5 read with Section 151 CPC seeking a direction to the petitioner as to whether he admits the truth of the boundaries given in respect of certain property of which a sketch was filed in the appeal along with the applications. The court below allowed the I.As in part and directed the petitioner to admit or deny the correctness of the sketch and the boundaries mentioned in the sketch etc.

(2.) Sri G.S. Visveswara, learned counsel for the petitioner, contends that the procedure followed by the lower court is contrary to the provisions Or. 41 r. 27 CPC, as the attempt of the respondent is to prove certain facts in appeal by recourse to these I.As.

(3.) The learned' counsel for the respondent, however, tried to justify the order of the lower court.