Allowed

Nitin Swaroop and Anr. v. Pradhyuman

Rajasthan HC1 Feb 2013CMA/505/2012

Case brief

AI extract

What is this about?

The High Court of Rajasthan set aside an ex parte decree passed in a civil suit, ordered the appellants to pay costs, directed the trial court to decide the suit expeditiously within nine months, and allowed the appellants to withdraw the suit deposit from the plaintiff.

What did the court decide?

Ex parte decree set aside; Rs.1,00,000 deposit disbursable against plaintiff's undertaking; suit to be decided within nine months; appellants ordered to pay Rs.5,500 as costs.

Nitin Swaroop and Anr. Vs Pradhyuman — Execution and Attachment | Rajasthan HC (2013)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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: J U D G M E N T :

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S.B. CIVIL MISC. APPEAL NO.505/2012

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(Nitini Sawroop Agarwal & Anr. Vs. Pradhyman)

Date of Judgment

01^st February, 2013

PRESENT

HON'BLE MR. JUSTICE ARUN BHANSALI

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Mr. Surendra Surana, for the appellants. Mr. T.R.S. Sodha, for the respondent.

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BY THE COURT:

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Heard learned counsel for the parties.

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With the consent of the parties it is ordered that the ex parte decree dated 01.11.2010 passed by the learned trial court in Civil Original Suit No.10/2010 (53/2009) would stand set aside on the appellant-defendants paying a cost of Rs.5,500/- to the respondent-plaintiff within a period of two weeks from today.

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During the pendency of this appeal, in terms of the order dated 05.04.2012 a sum of Rs.1,00,000/- is said to have been deposited by the appellants with the trial court. The amount so deposited by the appellants would be disbursed to the plaintiff on his providing a undertaking before the trial court that in case the suit filed is dismissed and/or any decree less than a sum of Rs.1,00,000/- is passed by the trial court, then in that case, he would refund the entire sum or the balance amount to the defendants.

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In view of the fact that the suit was filed in 2009 and the decree was passed in 2011 and the same is being set aside, the

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learned trial court is directed to decide the suit expeditiously and preferably within a period of nine months from the date of copy of this order is placed before the trial court. The appellants are further directed to file their written statement alongwith the cost within a period of two weeks. In case of failure on part of the appellants to either pay the cost or file the written statement within a period of two week, the order passed setting aside the ex parte decree would come to an end automatically.

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The appeal stands disposed of accordingly.

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(ARUN BHANSALI), J.

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A.K.Chouhan/- 51

Nitin Swaroop and Anr. v. Pradhyuman

Case brief

What is this about?

What did the court decide?

Nitin Swaroop and Anr. v. Pradhyuman

Case brief

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What did the court decide?

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