CHAMELI DEVI JAIN Vs. SMT. NIRMALA DEVI CHATURVEDI

JUDGEMENT

(1.) Heard on admission.

(2.) Vide this petition under Article 227 of the Constitution of India, petitioner takes exception to order dtd. 12/10/2017 whereby the trial Court rejected an application under Sec. 30 Code of Civil Procedure, 1908 whereby in a proceeding under Sec. 47 Code of Civil Procedure, the petitioner sought interrogatories from the respondent.

(3.) Petitioner is a judgment debtor in an eviction suit and having been unsuccessful in First Appeal and Second Appeal against the eviction decree has taken recourse to an application under Sec. 47 Code of Civil Procedure seeking setting aside of the decree on the contentions that because of the death of the co-plaintiff, no cause survived and the decree is a nullity being against dead person. Another objection raised by the petitioner is that the owner having parted with the title, the respondent-plaintiff had no right left in her as a landlord.