In a writ petition challenging a trial court order fixing a date for an application to defend under Order 37 Rule 1 CPC, the High Court held there was no occasion to interfere and dismissed the petition.
Petition dismissed; no interference with trial court order fixing date to argue on leave to defend application.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6916/2018
Babulal Jangid S/o late Shri Ghasi Ram Jangid, Aged about 60 years, by caste Brahmin (Jangid), R/o House No. 94, Path No. 3, Vijaybadi, Dehar Ka Balaji, Jaipur 302 039 (Rajasthan)
----Petitioner
Versus
Gopal Lal Jangid, S/o late Shri Manna Ram Jangid, by caste Brahmin (Jangid), R/o Village Rampura Dabdi, Tehsil Amer, District Jaipur-302 039 (Rajasthan)
----Respondent
For Petitioner(s) : Mr. Lalitendra Bhardwaj
HON'BLE MR. JUSTICE ALOK SHARMA
Judgment
01/05/2018
By the impugned order dated 22.2.2018, the trial court has only fixed 16.3.2018 for respondent-defendant (hereafter ‘the defendant’) to argue on his application for leave to defend in the petitioner-plaintiff’s (hereafter ‘the plaintiff’) suit under Order 37 Rule 1 CPC.
I am of the considered view that there is no occasion to interfere with the aforesaid order. The plaintiff would be free to take all his arguments in opposition to the defendants leave to defend.
Petition is accordingly dismissed.
(ALOK SHARMA),J
DK
1 issue framed by the court
Whether the High Court should interfere with the trial court's order fixing a date to argue on an application for leave to defend under Order 37 Rule 1 CPC.
1 provisions across 1 enactments
Babulal Jangid
Gopal Lal Jangid
Alok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
