The High Court dismissed a writ petition seeking restoration of an application for dismissal of suit on summary grounds. Upholding the trial court's decision, it directed expedited trial of the underlying suit within 12 months due to delays.
Impugned order dismissed; writ petition dismissed; trial court directed to complete suit trial within 12 months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No.5772/2017
N.L. Gupta S/o Late Shri Johari Lal, aged about 79 years, By Caste Mahajan, Residence of Plot No.228, Moti Nagar VillageBeed Khatipura Street No. 7, Vaishali Nagar, Jaipur.
----Defendant-Petitioner
Versus
Motilal Saini S/o Shree Ram Pratap Agadayamawar, By Caste Mali, aged about 58 years, R/o Jyoti Vihar-I, Plot No.50, Manyavas, Maansarovar, Jaipur.
----Plaintiff-Respondent
For Petitioner(s) : Mr.G.P. Sharma with Ms.Shefali Sharma For Respondent(s) :
HON'BLE MR. JUSTICE ALOK SHARMA
Order
05/07/2018
Heard Mr.G.P. Sharma, counsel for the petitionerdefendant (hereinafter ‘defendant’) and perused the impugned order dated 9.3.2017 passed by the Additional Civil Judge and Metropolitan Magistrate No.3, Jaipur Metropolitan whereby the application filed by the defendant under Order 7 Rule 11 CPC was dismissed.
Quite evidently none of the grounds in the application under Order 7 Rule 11 CPC are made out. The defence under the Benami Transactions (Prohibition) Act, 1988 which was set up in the application under Order 7 Rule 11 CPC has also been set up in the written statement and appropriate issue having been struck and will be decided on the evidence in the trial.
(2 of 2)
[CW-5772/2017]
In the circumstances, the impugned order dated 9.3.2017 passed by the Trial Court suffers neither from any jurisdictional error, patent illegality or perversity.
There is no force in the petition. Dismissed.
However in view of the fact that the underlying suit appears to have been filed in the year 2009, pleadings of the parties are complete and issues thereon have been struck, the Trial Court is directed to expedite the trial of the suit (civil suit no.460/2009) and dispose it of in any event within a period of 12 months from the next date fixed before it.
(ALOK SHARMA), J
Himanshu/113
2 issues framed by the court
Whether the impugned order dismissing the petition under Order 7 Rule 11 CPC suffers from jurisdictional error, patent illegality or perversity.
Whether the dispute regarding the defence under the Benami Transactions (Prohibition) Act, 1988 is appropriate for summary dismissal.
2 provisions across 2 enactments
N.L. Gupta
Motilal Saini
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
