KALYAN SINGH Vs. SHYAM SUNDAR

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution challenges the order dated 06.03.2014 whereby the application of the petitioner / defendants preferred under order 13 Rule 10 C.P.C (Annexure P/6) is rejected by the court below.

(2.) CRITICIZING this order, Shri Chandil contended that petitioner filed a written statement before the court below and disputed the family tree mentioned in the plaint. In support of defence, petitioner intended to rely on a statement (Annexure P/4) but certified copy of said statement was not provided to him. Since certified copy could not be procured, it is necessary to summon the record from the trial court. The Court below has erred in rejecting the application of the petitioner.

(3.) PRAYER is opposed by Shri Mahesh Goyal, Advocate for the respondents.