ASHA RANI Vs. JAGDISH SINGH

JUDGEMENT

(1.) After bearing the learned counsel for the parties, I find that this revision petition which is directed against an interim order of the Additional District Judge, Patiala, dated October 21, 1950, must succeed. A perusal of the order would indicate that the trial Court has referred to two issues, i.e., Issues Nos. 1 and 2 in the impugned order. As regards Issue No. 1, the trial Court has modified the issue by means of the impugned order. However, Issue No. 2 as framed, has been left as such.

(2.) The learned counsel for the petitioner has rightly argued that under no circumstances can any party be asked to prove a negative fact that he or she is not living in adultery. Issue No. 2 as worded at present is, as follows:-

(3.) The revision petition is accepted to the extent indicated above, but with no order as to costs. The parties, through their counsel have been directed to appear before the trial Court on the date already fixed.