LAWS(MPH)-2017-11-141

JYOTI (SMT.) Vs. JAINARAYAN AND OTHERS

Decided On November 23, 2017
Jyoti (Smt.) Appellant
V/S
Jainarayan And Others Respondents

JUDGEMENT

(1.) The petitioner has filed present writ petition being aggrieved by the order dated 18/09/2017 passed by the Additional District Judge, Neemuch, by which, three applications filed by her have been rejected.

(2.) The facts of the case are as under :

(3.) Being aggrieved by the aforesaid judgment and decree, legal heirs of the defendant Gopal filed first appeal before the District Judge, Neemuch. In the said appeal, the present petitioner who is also one of the legal heir of defendant Gopal has been arrayed as respondent. During pendency of the said appeal, the present petitioner filed an application under Order 41 Rule 1 of C.P.C, 94(e), Order 14 Rule 2 of C.PC read with the application under Order 7 Rule 11 of C.P.C. She has also filed another application under Order 1 Rule 8 of C.P.C for her transposition from respondent to appellant. She has also filed another application under Order 41 Rule 27 of C.P.C for seeking permission to file certain additional evidence on record. Learned Appellate Court vide order dated 18/09/2017 has rejected the application under Order 7 Rule 11 and directed that the remaining applications would be decided at the time of final hearing, hence the present petition before this Court.