Dismissed

Prem Chand Jain v. Lal Chand andANR

Rajasthan HC6 May 2015CW/3045/2015

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition challenging the Trial Court's refusal to summon an FSL expert for examination and its rejection of a review application, holding that the order was discretionary and lacked merit.

What did the court decide?

The petition challenging the rejection of the application to summon the FSL expert and the review application is dismissed. The stay application also stands dismissed.

Prem Chand Jain Vs Lal Chand andANR — Civil Procedure and Limitation | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Civil Writ Petition No.3045/2015 Prem Chand Jain-Petitioner Versus

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Lal Chand & Anr.-Respondents.

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Date of Order :: 06/05/2015

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Hon 'ble Ms. J ust ic e Bela M. Trivedi

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Mr. Amit Pareek for Mr. N.C. Sharma, for the petitioner.

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ORDER

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BY THE COURT :

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The present petition has been filed by the petitioner-defendant No.2, challenging the order dated 11/12/2014 passed by the Additional District Judge, Gangapur City (hereinafter referred to as 'the Trial Court'), rejecting the application of the petitioner under Order XVI, Rule 14 of CPC, requesting the Court to summon the FSL expert for examination, and also the order dated 14/1/2015 passed by the Trial Court, rejecting the review application of the petitioner.

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It is submitted by the learned counsel Mr. Amit Pareek for the petitioner that the examination of FSL expert is very much necessary with regard to the opinion given by him on the Will in question. According to him, the Trial Court has wrongly rejected the application of the petitioner.

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The Court does not find any substance in the submission made by the learned counsel for the petitioner. It is needless to say that under Order XVI, Rule 14 of CPC, it is the discretion of the Court as to whether it is necessary to summon any person for examination as witness. In the instant case, the Trial Court after considering the application of the petitioner has not found it necessary to examine the FSL expert as the witness. The order being discretionary in nature, the Court is not inclined to interfere with the same exercising jurisdiction under Article 227 of the Constitution. The petition being devoid of merits is dismissed. By this order, the stay application also stands dismissed.

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(Bela M. Trivedi) J .

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“ All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.” Sanjay Solanki Personal Assistant

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Sanjay SolankiPA

Prem Chand Jain v. Lal Chand andANR

Case brief

What is this about?

What did the court decide?

Prem Chand Jain v. Lal Chand andANR

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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