Dismissed

Shri Satyanarayan Garg S/O Late Shri Ganeshmal Agrwal v. Shri Omprakash Agrwal S/O Late Shri Madan Lal

Rajasthan HC3 Jul 2019CW/9107/2019

Case brief

AI extract

What is this about?

High Court of Rajasthan dismissed a writ petition challenging the rejection of a 12-year-delayed application for forensic document examination. The court found the petitioners never prayed for this during the trial and exercised no jurisdiction under Article 227.

What did the court decide?

Petitioner's prayer to direct the Appellate Court to send the disputed document for forensic examination is rejected and the writ petition is dismissed.

Shri Satyanarayan Garg S/O Late Shri… — Civil Procedure and Limitation | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 9107/2019

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Shri Satyanarayan Garg S/o Late Shri Ganeshmal Agrwal, Aged About 75 Years, R/o Outside Agra Gate, Balugoma Gali, Ajmer (Raj.)

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Smt. Sushila Garg D/o Late Shri Ganeshmal Agrwal, Aged About 65 Years, R/o Outside Agra Gate, Balugoma Gali, Ajmer (Raj.)

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Smt. Sita Garg D/o Late Shri Ganeshmal Agrwal, Aged About 70 Years, R/o Outside Agra Gate, Balugoma Gali, Ajmer (Raj.) ----Petitioners

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Versus

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Shri Omprakash Agrwal S/o Late Shri Madan Lal, Aged About 84 Years, R/o 441/9 Outside Agra Gate, Balugoma Gali, Ajmer (Raj.)

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Shri Kishanlal Garg S/o Late Shri Ganeshmal Agrwal, R/o Outside Agra Gate, Balugoma Gali, Ajmer (Raj.)

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Smt. Ramadevi W/o Late Shri Praveen Kumar Garg, Resident Of Bhartiya Dur Sanchar Colony, Near Petrol Pump, Near Mansarovar Colony, Vaishali Nagar, Ajmer (Rajasthan)

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Smt. Babli D/o Late Shri Praveen Kumar Garg, Resident Of Bhartiya Dur Sanchar Colony, Near Petrol Pump, Near Mansarovar Colony, Vaishali Nagar, Ajmer (Rajasthan)

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Smt. Pinki D/o Late Shri Praveen Kumar Garg, Resident Of Bhartiya Dur Sanchar Colony, Near Petrol Pump, Near Mansarovar Colony, Vaishali Nagar, Ajmer (Rajasthan)

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Smt. Pramod Garg S/o Late Shri Praveen Kumar Garg, Resident Of Bhartiya Dur Sanchar Colony, Near Petrol Pump, Near Mansarovar Colony, Vaishali Nagar, Ajmer (Rajasthan)

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Smt. Pintu Garg S/o Late Shri Praveen Kumar Garg, Resident Of Bhartiya Dur Sanchar Colony, Near Petrol Pump, Near Mansarovar Colony, Vaishali Nagar, Ajmer (Rajasthan)

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----Respondents

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For Petitioner(s) : Mr. Rajesh Kumar Mutha, Adv.

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(2 of 3)

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[CW-9107/2019]

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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03/07/2019

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The present writ petition has been filed by the petitioners challenging order dt.10.04.2019 passed by the Additional District & Sessions Judge, No.5, Ajmer whereby application filed under Sections 45 and 73 of the Indian Evidence Act, 1872 has been dismissed.

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Learned counsel has submitted that the petitioners had pleaded before the Court below that in order to decide the appeal and the main suit itself, it was incumbent that the signature on the disputed document itself should have been sent to Forensic Science Laboratory for examination to know the veracity of the document.

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Learned counsel has submitted that the Appellate Court below has committed illegality in rejecting the application only on the ground of delay of 12 years. Learned counsel has submitted that in the interest of justice and for better adjudication of the appeal, this Court while exercising its jurisdiction, may direct the Appellate Court below to send the document to the Forensic Science Laboratory for examination.

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I have heard counsel for the petitioner and perused the material available on record.

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This Court finds that the petitioners had never made such prayer before the trial Court where the suit was pending and after 12 years of filing the appeal, such application was filed. The Appellate court below has not committed any error in passing the

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(3 of 3)

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[CW-9107/2019]

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order and as such this Court exercising its power under Article 227 of the Constitution of India, cannot entertain the present petition.

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Accordingly, the present writ petition is dismissed.

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(ASHOK KUMAR GAUR),J

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Ashish Kumar /369/7

Shri Satyanarayan Garg S/O Late Shri Ganeshmal Agrwal v. Shri Omprakash Agrwal S/O Late Shri Madan Lal

Case brief

What is this about?

What did the court decide?

Shri Satyanarayan Garg S/O Late Shri Ganeshmal Agrwal v. Shri Omprakash Agrwal S/O Late Shri Madan Lal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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