Dismissed

Hari Prasad S/O Maliram by Caste Kumawat v. the Principal, Govt. Sr. Secondary School

Rajasthan HC19 Nov 2018CW/25465/2018

Case brief

AI extract

What is this about?

The Rajasthan High Court entertained a writ application seeking quashing of ex-parte proceedings initiated due to non-appearance of a lawyer representing the respondents. The court found no merit in the writ petition under Article 227 and dismissed the file.

What did the court decide?

The writ petition filed under Order 9 Rule 7 CPC was dismissed; no further relief was granted.

Hari Prasad S/O Maliram by Caste Kumawat Vs… — Civil Procedure and Limitation | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writs No. 25465/2018

¶3

Hari Prasad S/o Maliram By Caste Kumawat, Aged About 50 Years, Resident Of Tan Village Kotdi, Luharwas, Tehsil Khandela, Distt. Sikar (Raj.).

¶4

Kajodmal S/o Goruram By Caste Aheer, Aged About 65 Years, Resident Of Tan Village Kotdi, Luharwas, Tehsil Khandela, Distt. Sikar (Raj.).

¶5

Shyam Lal S/o Gigaram By Caste Aheer, Aged About 45 Years, Resident Of Tan Village Kotdi, Luharwas, Tehsil Khandela, Distt. Sikar (Raj.).

¶6

----Petitioners

¶7

Versus

¶8

The Principal, Govt. Sr. Secondary School, Kotdi, Luharwas, Tehsil Khandela, Distt. Sikar (Raj.).

¶9

The Tehsildar, Khandela, Distt. Sikar (Raj.).

¶10

The State Govt. Through The District Collector, Distt. Sikar

¶11

----Respondents

¶12

For Petitioner(s) : Mr. Sanjay Sharma For Respondent(s) :

¶13

HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

¶14

Order

¶15

19/11/2018

¶16

Aggrieved of the order dated 19^th September, 2018, the petitioner-plaintiffs have instituted the present writ application for an application under Order 9 Rule 7 CPC, has been granted, in view of the fact that to ensure compliance of principles of natural justice being cardinal in dispensation of justice.

¶17

(2 of 2)

¶18

[CW-25465/2018]

¶19

Learned counsel for the petitioners could not dislodge the fact that the needful that was required, on the part of the litigant, was done by the defendant-respondents, by engaging a lawyer, who for reasons best known to him, did not appear before the Court below resulting into initiation of the ex-parte proceedings, which have been set aside vide impugned order dated 19^th September, 2018.

¶20

In the face of admitted factual matrix of the case; I find no good reason to entertain the writ application in exercise of the writ jurisdiction under Article 227 of the Constitution of India.

¶21

In the result, the writ petition fails, and is hereby dismissed.

¶22

(VEERENDR SINGH SIRADHANA),J

¶23

Pcg/98

Hari Prasad S/O Maliram by Caste Kumawat v. the Principal, Govt. Sr. Secondary School

Case brief

What is this about?

What did the court decide?

Hari Prasad S/O Maliram by Caste Kumawat v. the Principal, Govt. Sr. Secondary School

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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