This order dismisses a civil writ petition challenging an impugned order dated 07.01.2010 passed by the trial court under Section 10 C.P.C. The court held that no jurisdictional error was committed and the plea was subject to trial on merits.
The writ petition is dismissed with no interference granted against the impugned order.
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
ORDER
S.B.CIVIL WRIT PETITION NO.3250/2010. Mst.Choti and Others.
VERSUS
The Addl.Civil Judge (SD) & ACJM, Tonk and Another.
09.03.2010.
HON'BLE MR.JUSTICE DALIP SINGH
Mr.Nitin Jain, for the petitioners.
*********
Heard learned counsel for the petitioners and perused the impugned order (Annexure-6) dated 07.01.2010.
In the facts and circumstances of the present case, I find that the learned trial court while deciding the application under Section 10 C.P.C. has not committed any jurisdictional error in the impugned order so as to warrant any interference under the writ jurisdiction under Article 226 of the Constitution of India. The plea which has been raised by the defendant-petitioners can be gone into by the learned trial court while deciding the suit on merits and effect of the same may be taken into account while deciding the suit by the learned trial court.
Subject to the above, the writ petition stands dismissed.
(DALIP SINGH),J.
Solanki DS, Jr.P.A.
3 issues framed by the court
Whether the learned trial court committed a jurisdictional error under Section 10 C.P.C. warranting writ interference under Article 226.
Whether the plea raised by defendant-petitioners should be decided in the writ proceedings or during the trial on merits.
Whether the writ petition challenging the impugned order dated 07.01.2010 deserves to be allowed.
2 provisions across 2 enactments
Mst.Choti and Others
The Addl.Civil Judge (SD) & ACJM, Tonk
Another
Dalip Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
