MOHAMMED ALI Vs. YASIN KHAN

JUDGEMENT

(1.) The present writ petition has been filed by the petitioners challenging the order dtd. 20/2/2019 whereby the application under Order 14 Rule 5 of the Code of Civil Procedure at the appellate stage has been rejected by the learned District Judge, Churu.

(2.) Learned counsel for the petitioners submits that the issues which have been suggested, ought to have been incorporated by the learned District Judge, while deciding the application and as the appeal is continuation of the suit, the provisions of Order 14 Rule 5 of the Code of Civil Procedure would also apply at the appellate stage.

(3.) I have considered the submissions made by the learned counsel for the petitioners and have also perused the material available on record.