Allowed

Lrs of Aasha Devi v. M/S Rajendra Kumar Surendra Kumar

Rajasthan HC10 Mar 2021CR/20/2021

Case brief

AI extract

What is this about?

The High Court held that the revision petition under Section 115 CPC was not maintainable against rejection of an Order XXXVIII Rule 5 CPC application. However, the revision was permitted to be converted into a writ petition upon compliance of requirements.

What did the court decide?

Revision petition permitted to be converted into a writ petition upon compliance of requirements.

Lrs of Aasha Devi Vs M/S Rajendra Kumar… — Civil Procedure and Limitation | Rajasthan HC (2021)

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(1 of 2)

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[CR-20/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Revision Petition No. 20/2021

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Lrs Of Aasha Devi, Sadar Bazar, Near Ghantaghar, Nokha Tehsil Nokha, Dis. Bikaner

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Shanti Devi W/o Jeewraj, Sadar Bazar, Near Ghantaghar, Nokha Tehsil Nokha, Dis. Bikaner. Through Power Of Attorney Holder Manoj Chordiya, Sadar Bazar, Near Ghantaghar, Nokha Tehsil Nokha, Dis. Bikaner

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----Petitioners

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Versus

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M/s Rajendra Kumar Surendra Kumar, Sadar Bazar, Near Ghantaghar, Nokha Tehsil Nokha, Dis. Bikaner

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Dhanraj S/o Deepchand, Sadar Bazar, Near Ghantaghar, Nokha Tehsil Nokha, Dis. Bikaner

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Pabudan (Since Deceased - Deleted Name By Order Dated 27-07-2020) S/o Deepchand, Sadar Bazar, Near Ghantaghar, Nokha Tehsil Nokha, Dis. Bikaner

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Vimla Devi W/o Akhechand, Sadar Bazar, Near Ghantaghar, Nokha Tehsil Nokha, Dis. Bikaner

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----Respondents

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For Petitioner(s) : Mr. Prashant Tatia For Respondent(s) :

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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10/03/2021

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This revision petition has been filed by the petitioners aggrieved against order dated 12.01.2021 passed by Additional District Judge No.5, Bikaner, whereby, the application filed by the petitioner under Order XXXVIII Rule 5 CPC has been rejected.

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The revision petition under Section 115 CPC in view of the proviso, against rejection of application under Order XXXVIII Rule 5 CPC is not maintainable.

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(2 of 2)

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[CR-20/2021]

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Learned counsel for the petitioners prays that the present revision petition be ordered to be converted into a writ petition.

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In view of the submissions made, the present revision petition is permitted to be converted into a writ petition on petitioner complying with the requirements for converting the same in relation to form and Court fees etc.

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Office is directed to register the same on petitioner complying with the requirements.

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For statistical purposes, the revision petition stands disposed

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of.

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(ARUN BHANSALI),J

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6-Sachin/-

Lrs of Aasha Devi v. M/S Rajendra Kumar Surendra Kumar

Case brief

What is this about?

What did the court decide?

Lrs of Aasha Devi v. M/S Rajendra Kumar Surendra Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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