FARHANAZ Vs. ABDUL RASHEED

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India at the instance of defendants is directed against the order dated 7.4.2016 passed in Civil Suit No. 2 A/2014; whereby, the Trial Court has allowed the application under Order 6 Rule 17, Code of Civil Procedure, 1908 preferred by respondent No. 1/plaintiff.

(2.) The application has been allowed on the following finding:

(3.) The impugned order when is tested on the anvil of the submissions made by the petitioner cannot be given stamp of approval. Proviso to Rule 17 of Order 6 stipulates :