High Court disposed of a civil miscellaneous appeal challenging the dismissal of an application under Order 40 Rule 1 CPC. Directing the trial court to decide the main suit pending since 2004 within three months for the interest of justice.
The trial court directed to decide the main suit within three months. The miscellaneous appeal disposed of in these terms.
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 AT JODHPUR
S. B. Civil Misc. Appeal No. 3151/2018
Smt. Shayamabai D/o Shri Rampratap Ji Patidar wife of Shri Vishnulal Patidar, aged about 45 years, R/o Choti Sadri, Presently residing at Arnoda, Tehsil Nimbaheda, District Chittorgarh.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. B.K. Bhatnagar
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
19/11/2019
The present misc. appeal has been filed by the appellant whereby a challenge has been made to the Order dated 03.08.2018 passed by the Judge, Family Court, Pratapgarh in Civil Misc. Case No. 01/2017 (31/2007) whereby the application preferred by the appellant under Order 40 Rule 1 read with Section 151 of C.P.C. was dismissed.
Heard learned counsel for the appellant.
(2 of 2)
[CMA-3151/2018]
In pursuance of the directions issued by this Court on 16.09.2019, learned counsel for the appellant has procured the order-sheets of the trial court. He submits that the main suit is still pending adjudication before the trial court and the next date fixed is 28.11.2019. He further submits that the suit is pending since 2004 and is fixed at the stage of final hearing. Learned counsel very fairly submits that he will be satisfied without joining the issue on this application if, the trial court is directed to dispose of the main suit itself at the earliest convenient date.
I have considered the submissions made at the Bar.
Since the main suit itself is pending adjudication before the trial court since the year 2004, it will be in the interest of justice that the learned trial court shall decide the main suit as expeditiously as possible preferably within a period of 03 months from the date of receipt of copy of this order.
The misc. appeal stands disposed of in the above terms.
(VINIT KUMAR MATHUR),J
39-Inder/-
1 issue framed by the court
Whether the main suit pending since 2004 should be decided expeditiously to resolve the pending civil miscellaneous appeal.
1 provisions across 1 enactments
Smt. Shayamabai D/o Shri Rampratap Ji Patidar
1. Kailashi Bai D/o Shri Rampratap Ji Patidar
2. Bharat Kumar adopted s/o Shri Rampratap Ji Patidar
3. Nirmala Devi D/o Shri Aanda Chaudhary
VINIT KUMAR MATHUR
As recorded by the court registry
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