Dear Experts,
In my divorce case, wife (respondent) filed IA to send me to medical board, which court allowed and sent me for test, and now the result came in my (husband) favor. Now, when we asked the judge to mark as the respondent document, as it is received due to their request, he is not agreeing for that and asking us to file a fresh application to be marked as petitioner document. I am dis-inclined to do this, since it again takes more time as we are currently in the arguments stage and already evidence is closed. In this regard, I have the following question.
(1) Is it correct on the part of the judge not to mark in the respondent name for the reason that it has not come in their favor, though they are the one's who requested for it by filing IA? Are they not bound by the result?
(2) They filed this IA, thinking that it would come in their favor, but just bcoz it didn't come in their favor, they shouldn't go back and the court should allow them to go back, is my opinion, what is your learned opinion, on this matter?
(3)What is the accepted and widely followed procedure in the matters like this?
(4) Are there any earlier judgments, which I would like to use to persuade judge that when the result of IA comes against the requesting party (i.e petitioner in IA)? , it needs to be marked as petitioner's documents only irrespective of the final result?
Thank you sirs
