KAILASH RAIKWAR Vs. OMPRAKASH

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution challenges the order dated 18.10.2012, passed by First Additional Civil Judge Class -2, Gwalior in Civil Suit No. 25A/2010. By this order, the application preferred by the petitioner/defendant under Section 10 read with Section 151 CPC is rejected.

(2.) FACTS of the case :

(3.) ON the basis of aforesaid factual matrix and rival contentions of the parties, following questions emerge: -