Panchsheel Sarkar Dharmarth Sewa ... vs Smt. Pooja
2023 Latest Caselaw 10770 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        MP No. 3876 of 2023
                            (PANCHSHEEL SARKAR DHARMARTH SEWA SAMITI DATIA PANCHAHEEL NAGAR DATIA THROUGH
                                           PRESIDENT PANCHSHEEL SA Vs SMT. POOJA AND OTHERS)

                          Dated : 12-07-2023
                                  Shri Pratip Visoriya - Advocate for the petitioner.

                                  Shri M.S. Jadon - Government Advocate for the respondents/State.

Petitioner is aggrieved by the order dated 09-06-2023 passed by the IV Civil Judge (Junior Division), Datia whereby the application of petitioner/plaintiff under Order XXVI Rule 9 of CPC is rejected on the ground that it amounts to

collection of evidence.

Learned counsel for the petitioner relied upon the judgment of Coordinate Bench of this Court in the case of Loknath Gautam Vs. State of M.P. and others passed in M.P. No.4260/2018 and in the case of Smt. Suman Pandagre Vs. Madhu Pandagre passed in Writ Petition No.10376/2017.

Issue notice to the respondents on payment of process fee within seven days by RAD mode, returnable within four weeks.

Till next date of hearing, proceedings pending before the trial Court shall remain stayed.

(ANAND PATHAK) JUDGE

Anil*

Signature Not Verified Signed by: ANIL KUMAR CHAURASIYA Signing time: 13-Jul-23 10:50:04 AM