SMT. VIJAY DEVI JAT Vs. SMT. NEERAJ JAT

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 8.8.2016 passed on an application under Order 16, Rule 7A of the Code of Civil Procedure.

(2.) Learned counsel submits that an application moved under Order 16, Rule 7A CPC has been rejected in ignorance of the fact that the witnesses sought to be summoned were none else but the listed witnesses. The list of the witnesses was given as per Order 16, Rule 1 CPC. In view of above, the court below should have allowed the application to summon the witnesses and the documents.

(3.) In view of above, impugned order dated 8.8.2016 deserves to be set aside. Reference of the judgment of this court in the case of "Darshan Devi v. Jaishri", SB Civil Writ Petition No. 12280 of 2016, decided on 8.9.2016 has been given. It is stated that similar issue was determined in favour of the petitioner therein. The prayer is accordingly made to allow the writ petition.