- (1.) Instant writ petition has been filed assailing the order Anx.16 dt. 22/06/2010 whereby while accepting the application filed by the defendants-respondents under Section 151 CPC, the learned Trial Judge has considered it appropriate to summon the record from the Nursing Home and also from the Municipal Council, Ajmer in the interest of justice for determining the date of birth of the second child of the petitioner which came for consideration in the Election Petition.
(2.) The main thrust of the submission of counsel is that the Election Petition was filed by the petitioner in 2005 but for one reason or the other it could not be decided and remained pending and at the stage when the evidence of both the parties was closed and the case riped for final arguments, an application was filed under Section 151 CPC at the behest of the defendants-respondents for summoning the record of the Nursing Home and so also from the Municipal Council, Ajmer for determining the date of birth in regard to second child of the petitioner.
(3.) The learned Trial Judge, after taking note of the objections made by the petitioner, considered it appropriate to allow the application filed by the defendants-respondents and directed to summon the record of the Nursing Home and so also the Municipal Council, Ajmer for determining the date of birth with regard to the second child of the petitioner in the interest of justice by passing the order dated 22/06/2010.;