Bhiyaram v. Mohan Lal
Case brief
What is this about?
High Court allowed writ petition quashing order dated 24.02.2014 that abated a suit due to pendency of debt relief case, noting that the debt relief case was subsequently disposed of on 01.11.2018.
What did the court decide?
Impugned order dated 24.02.2014 quashed; suit Civil Original Suit No.26/2008 restored to docket of Additional District Judge, Jaitaran.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2197/2014
Bhiyaram S/o Puna Ram Ji, B/c Mali (Bhati) aged 70 years, R/o Giri, Tehsil Raipur, District Pali.
----Petitioner
Versus
- Mohan Lal S/o Multan Ram Ji Mali (Died)
- 1/1. Ganga Devi W/o Late Mohan Lal @ Mohanramji
- 1/2. Oma Ram S/o Late Mohan Lal @ Mohanramji
- 1/3. Amraram S/o Late Mohan Lal @ Mohanramji
- 1/4. Nemaram S/o Late Mohan Lal @ Mohanramji
- 1/5. Noratram S/o Late Mohan Lal @ Mohanramji
Issues for consideration
2 issues framed by the court
Whether the impugned order abating the suit under Section 5(1) of the Rajasthan Relief of Agricultural Indebtness Act, 1957 holds good after the debt relief case filed by the defendant has been dispos
Whether the suit should be restored to the trial court docket.
Parties & counsel
- petitioner
Bhiyaram S/o Puna Ram Ji
- respondent
Mohan Lal S/o Multan Ram Ji Mali
Coram
DINESH MEHTA
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · July
- Registered
- Case no.
- CW/2197/2014
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