PAWAN SINGH Vs. RAMESHWAR PRASAD SHIVHARE

JUDGEMENT

(1.) HEARD Sri B.N. Agrawal assisted by Sri Sanjay Agrawal, learned counsel for the petitioners and Sri Choudhary Subhash Kumar, learned Standing Counsel appearing for the contesting respondents.

(2.) LEARNED counsel for both the parties are agreed that this writ petition may be decided finally without any further exchange of affidavits at this stage. Therefore, the writ petition is taken up for final disposal.

(3.) IT appears, in the year 1994, an amendment was made in sub -rule (5) of Rule 5 of Order 41 of the CPC which is reproduced hereinunder: