RADHARANI Vs. KAMLESH KUMAR KATHRAYA & OTHERS

JUDGEMENT

(1.) Heard finally with the consent of the parties. The sole question that arises for consideration of this Court is that whether the proceedings initiated under Order 39 Rule 7 of CPC are akin to that of the proceeding under Order 26 Rule 9 and 10 of CPC or, in other words whether the provisions of Order 26 Rule 9 and 10 can be read into the provision of Order 39 rule 7 of CPC.

(2.) This petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 11.1.2017 passed by the Civil Judge Class-II, Bina District Sagar in Civil Suit No.92- A/2016, whereby the petitioner's application for cross examination of the Commissioner appointed under Order 39 rule 7 of CPC has been rejected.

(3.) In brief the facts of the case are that a civil suit has been filed by the respondents/plaintiffs/ No.1 to 3 on 16.10.2015 against the petitioner/defendant for permanent injunction and subsequently has also filed an application for temporary injunction.