BIMLA ALIAS ASHA RANI Vs. ANITA CHADHA

JUDGEMENT

(1.) In this Revision Petition, the petitioner has challenged the order dated 10-10-2002, passed by learned District Judge, Kathua in File No. 125/ Civil for partition titled as Smt Antia Chadha & Anr. v. Bimla Devi & Ors. whereby the petition moved by defendant's counsel for getting his statement recorded under Order X Rule 2 of the Code of Civil Procedure on behalf of defendant No.1 has been rejected on the ground that the dispute is of such a nature between the parties wherein only the parties themselves can be able to speak about the facts of the case in order to enable the court to come to the right conclusion.

(2.) Heard learned counsel for the parties.

(3.) Order X of the Code of Civil Procedure for Examination of parties by the Court. Rule 2, Clauses (a) and (b) of the said Order provides that at the first hearing of the suit, the court,-