Dismissed

Ummedraj Patoliya Son of Shri Harakh Patoliya v. Nari Phulwani Son of Late Shri Hakumat Ray Phulwani

Rajasthan HC15 Nov 2018CW/24798/2018

Case brief

AI extract

What is this about?

Single judge order rejecting a writ petition against the dismissal of an application under Order 7 Rule 11 CPC. The petition challenging a non-limitation ruling lacked merit as limitation is a mixed question of law and facts.

What did the court decide?

Writ application dismissed as devoid of merit due to limitation being a mixed question of law and fact.

Ummedraj Patoliya Son of Shri Harakh… — Civil Procedure and Limitation | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writs No. 24798/2018

¶3

Ummedraj Patoliya Son Of Shri Harakh Patoliya, Aged About 72 Years, By-Caste Oswal, Srimal Jain, Resident Of Shop No. 10, 20 Dukan, Adarsh Nagar, Jaipur

¶4

----Petitioner

¶5

Versus

¶6

Nari Phulwani Son Of Late Shri Hakumat Ray Phulwani, Aged About 64 Years, By-Caste Sindhi, Resident Of 368, Bhag Singh Ka Choraha, Adrash Nagar, Through Its Power Of Attorney Harish Phulwani Son Of Late Shri Hukamat Ray Phulwani, Aged About 61 Years, By Caste Sindhi, Resident Of 368, Bhagsingh Ka Choraha, Adrash Nagar, Jaipur

¶7

----Respondent

¶8

For Petitioner(s) : Mr. Gaurav Singh Tanwar For Respondent(s) :

¶9

HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

¶10

Order

¶11

15/11/2018

¶12

Aggrieved of the order dated 10^th September, 2018, whereby the application instituted by the petitioner under Order 7 Rule 11 CPC has been declined; the petitioner has instituted the present writ application seeking its quashment.

¶13

Indisputably, application under Order 7 Rule 11, was instituted pleading bar of limitation as a ground for dismissal of the suit proceedings.

¶14

The Court below upon hearing counsel for the parties and on a critical examination of the issue in the backdrop of settled legal proposition of law declared by the Apex Court of the land in a catena of judgments, which has been specifically taken note of by

¶15

(2 of 2)

¶16

[CW-24798/2018]

¶17

the Court below, declined the application holding that issue of limitation is a mixed question of law and facts.

¶18

The reasonings and statement of law declared by the Apex Court of the land so also its application to the factual matrix of the case at hand, could not be dislodged by the counsel for the petitioner; during the course of arguments. Issue of limitation is a mixed question of law and fact, is, also not in dispute.

¶19

In view of the above, the writ application is devoid of any substance and lacks in merit, and therefore, deserves to be dismissed.

¶20

Ordered accordingly.

¶21

(VEERENDR SINGH SIRADHANA),J

¶22

M.Meena/114

Ummedraj Patoliya Son of Shri Harakh Patoliya v. Nari Phulwani Son of Late Shri Hakumat Ray Phulwani

Case brief

What is this about?

What did the court decide?

Ummedraj Patoliya Son of Shri Harakh Patoliya v. Nari Phulwani Son of Late Shri Hakumat Ray Phulwani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jugal Kishore S/O Shri Lallu Golya, Vs Gopi Ram S/O Shri Mangi Lal

Ch. Mangal Chand Jhajharia Pvt. Iti Vs State of Rajasthan through Principal Secretary

Naveen Saini and Ors. Vs Shankar Lal Saini and Anr.

Rajasthan Pradesh Niji College Vs P D U Shekhawati University

Kms (Private) I.T.I. Vs State of Rajasthan through Principal Secretary

Bahadur Dhakar S/O Shri Madanlal Dhakar Vs State of Rajasthan