The High Court allowed the State-appellant permission to lead evidence before the trial court in a suit for permanent injunction, subject to payment of Rs.2,000 costs by the Officer-in-Charge to the plaintiffs.
Permission to lead evidence subject to payment of Rs.2,000 costs by Officer-in-Charge to plaintiffs.
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S.B. Civil Writ Petition No.2308/2013 The Executive Engineer, Div-II, R.D. 931 IGNP & Ors. Vs. Shivnath Ram
Order dt: 07/05/2013
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
S.B. Civil Writ Petition No.2308/2013
The Executive Engineer, Div-II, R.D. 931 IGNP & Ors.
Vs.
Shivnath Ram.
Date of Order
th ::: 07 May 2013
PRESENT
HON'BLE DR. JUSTICE VINEET KOTHARI
Mr. K.R. Saharan, Dy. Govt. Advocate for the petitioner.
1. The petitioners/defendants, an instrumentality of the State Government (Executive Engineer, Division-II, R.D. 931 I.G.N.P., Bajju) have preferred this writ petition against the order dated 08.08.2012 passed by the learned trial court in Civil Original Case No.30/2005-Shivnath Ram Vs. State & Ors., whereby the evidence of the defendants was closed in a suit filed by the plaintiff-respondent for permanent injunction against the threatened disconnection of water supply being illegal taken by the plaintiff-respondent. The petitioners have also assailed the order dated 05.09.2012 passed by the learned trial court whereby the learned trial court rejected the petitioners' application under Order 16 (1) (3) CPC seeking to recall the order dated 08.08.2012, refusin to open the evidence of the petitioners-defendants.
S.B. Civil Writ Petition No.2308/2013 The Executive Engineer, Div-II, R.D. 931 IGNP & Ors. Vs. Shivnath Ram
Order dt: 07/05/2013
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2. Having heard the learned counsel for the petitioner- State (IGNP Deptt.), this Court is of the opinion that in the interest of justice, on payment of costs of Rs.2,000/- by the Officer-in-Charge concerned of the defendant-petitioner Department (IGNP), who has the case before the trial court, from his own pocket, to be paid to the plaintiff-respondents, the petitioner-defendant may be permitted to lead evidence before the learned Civil Judge (Jr. Division) & Judicial Magistrate First Class, Kolayat, Bikaner on the given date. Both the parties may before the learned court below in the first instance on 20.05.2013 , and on that date, the learned court below may fix a date according to its convenience, on which the evidence may be taken, of course, subject to payment of aforesaid costs of Rs.2,000/- to the respondent-plaintiff, as directed above.
3. With these observations, the writ petition preferred by the petitioner- State is disposed of. No costs. A copy of this order be sent to the concerned parties and the learned trial court below forthwith.
( DR. VINEET KOTHARI ), J .
DJ/4
2 issues framed by the court
Whether the State-party preference to lead evidence in a suit for permanent injunction can be permitted in interest of justice.
Whether coercion on the Officer-in-Charge to pay costs is tenable for allowing the petitioner to recall evidence closure.
1 provisions across 1 enactments
The Executive Engineer, Div-II, R.D. 931 IGNP & Ors.
Shivnath Ram
Vineet Kothari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
