SHRIKRISHNA Vs. BABULAL

JUDGEMENT

(1.) THIS revision petition has been preferred against the order dated 31.8.1995 passed by Shri A.N. Vijay, First Additional Judge to the Court of District Judge, Guna, whereby he allowed the application under Order 13 R. 2.

(2.) BRIEFLY narrated the facts are that the plaintiff -petitioner filed a suit for partition against defendants which was contested. Issues were framed and the evidence was recorded. It was fixed for final arguments and several dates were adjourned. On 28.8.95, an application was moved by the defendant purporting to be under Order 13 Rule 2 CPC for permission to file notice dated 20.12.73, which has been allowed by the learned trial Court. Hence, this revision petition.