ACHAL SINGH Vs. ASHARAM

LAWS(RAJ)-1983-1-28

HIGH COURT OF RAJASTHAN

Decided on January 13,1983

ACHAL SINGH Appellant

VERSUS

ASHARAM Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the petitioners.
(2.) NO body appears on behalf of non-petitioner despite service of notice. By the order dated 6-7-1979, the court directed the parties to remain present for examination u/o 10 r. 1 C. P. C. Thereafter, on 3. 8 1979, the defendants-petitioners' counsel expressed to the court that he is prepared to give statement Despite that, the court directed the petitioners to appear on the next date. It is against this order, the present revision petition has been filed. Having heard the learned counsel for the petitioners, I am satisfied that the impugned order needs modification. The court may record the statement of the petitioners' counsel under Order 10 Rule 1 C. P. C. and in case the matter is not clarified by his statement or when any question is to be put in respect of signatures, then the petitioners may be called. The revision petition is, therefore, allowed accordingly and the impugned order is modified in the manner that under O. 10 Rule 1 C. P. C, the counsel for the petitioners' may be examined and in case the trial court finds that the matter has not been clarified or that signatures have to be ascertained then it may call the defendants-petitioners. The petitioners shall bear the costs of this revision petition. .;

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