This order dismisses a writ petition challenging the Trial Court's rejection of an application to summon an FSL expert and a review application. The court held that under Order XVI, Rule 14 CPC, summoning a witness is discretionary and found no merit in the petitioner's challenge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Civil Writ Petition No.3044/2015 Prem Chand Jain-Petitioner Versus
Sugan Chand & Anr.-Respondents.
Date of Order :: 06/05/2015
Hon 'ble Ms. J ust ic e Bela M. Trivedi
Mr. Amit Pareek for Mr. N.C. Sharma, for the petitioner. ORDER
BY THE COURT :
(Bela M. Trivedi) J .
Sanjay SolankiPA
“ All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.” Sanjay Solanki Personal Assistant
2 issues framed by the court
Whether the High Court should interfere with the Trial Court's discretionary order rejecting an application to summon an FSL expert.
Whether the interlocutory order of the Trial Court deserves interference under Article 227 of the Constitution.
2 provisions across 2 enactments
Prem Chand Jain
Sugan Chand & Anr.
Bela M. Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
