This leave to appeal order grants special leave to appeal a civil judgment which negatived the existence of a transaction. The court summoned a party to answer as to why respondent No.2 did not appear before the trial court.
Leave to appeal allowed; memo treated as appeal; summons issued to respondent No.2 A
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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR.
S.B. Crml Leave To Appeal No. 206/2018
Magan Singh
----Appellant
Versus
State And Anr
----Respondent
For Appellant(s) : D.N. Yadav. For Respondent(s) : Mr. Mahipal Bishnoi, PP for the State. Mr. Himanshu Maheshwari.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
03/09/2019
Heard learned counsel for the parties.
The counsel for the appellant submits that execution of the agreement between the appellant and the respondent No.2 is well established. The respondent No.2 appeared before the Notary Public, affixed his signatures on the date on which the stamp was purchased and the agreement was executed. However, the same could not be brought on record before the trial court. The fact of transaction having been taken place between the appellant and respondent No.2 is more than apparent. The learned trial court erred while recording the finding that there was no transaction between the appellant and the respondent No.2.
Per contra, learned counsel for respondent No.2 submits that on the date on which the money is said to have been lent to the respondent No.2, he was not present in the Jodhpur city and was traveling on this date. The factum of traveling of the respondent No.2 has also been taken note by the learned trial court.
[CRLLA-206/2018]
(2 of 2)
I have considered the submissions made at the bar. The fact of the respondent’s having appeared before the Notary Public is established from affixing his thumb impression on the register, although the same was not produced before the trial court. The matter requires consideration.
Having heard learned counsel for the appellant and upon perusal of the order impugned as well as the record, this court is of the opinion that there are valid and substantial grounds for grant of leave to appeal.
Accordingly, the application for grant of leave to appeal is allowed. The memo of leave to appeal be treated as memo of appeal and it be registered as such.
Let respondent No.2 be summoned by bailable warrant in the sum of Rs.10,000/- for his appearance before the Registrar (Judicial) of this court on or before 18.10.2019.
(VINIT KUMAR MATHUR),J
59-Anil Singh/-
2 issues framed by the court
Whether there are valid and substantial grounds to grant leave to appeal in a civil matter.
Whether the impugned order negativing the existence of a transaction requires special leave to appeal.
Magan Singh
State
Anil Singh
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
