Shobha Lal v. Shankari
Case brief
What is this about?
Revision allowed setting aside impugned order. Trial court directed to decide Section 5 Limitation Act application first before redetermining Order IX Rule 9 CPC application with expedited timeline.
What did the court decide?
Order dated 19.2.2019 set aside. Revise court remanded to decide Section 5 Limitation Act application and redetermine Order IX Rule 9 CPC application.
What the court decided
(1 of 3)
[CR-57/2019]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Revision Petition No. 57/2019
Shobha Lal S/o Late Shri Bheru Lal Jat, Aged About 64 Years, R/o Chhapari, Tehsil Kapasan, District Chittorgarh.
----Petitioner
Versus
- Shankari D/o Late Shri Bheru Lal Jat, R/o Chhapari, Tehsil Kapasan, District Chittorgarh.
- Kanku Bai D/o Late Shri Bheru Lal Jat, R/o Chhapari, Tehsil Kapasan, District Chittorgarh.
- Rajni D/o Late Shri Bheru Lal Jat, R/o Chhapari, Tehsil Kapasan, District Chittorgarh.
- Gehri Lal S/o Shri Shobha Lal Jat, R/o Chhapari, Tehsil Kapasan, District Chittorgarh.
- Heera Lal S/o Shri Bhagwan Lal Jat, R/o Chhapari, Tehsil Kapasan, District Chittorgarh.
Issues for consideration
2 issues framed by the court
Whether trial court has jurisdiction to decide application under Order IX Rule 9 CPC without first deciding application under Section 5 of Limitation Act for condoning delay.
Whether delay in filing application under Order IX Rule 9 CPC was sufficient cause for condonation.
Parties & counsel
- petitioner
Shobha Lal S/o Late Shri Bheru Lal Jat
- respondent
Shankari D/o Late Shri Bheru Lal Jat
- respondent
Kanku Bai D/o Late Shri Bheru Lal Jat
- respondent
Rajni D/o Late Shri Bheru Lal Jat
- respondent
Gehri Lal S/o Shri Shobha Lal Jat
- respondent
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · March
- Registered
- Case no.
- CR/57/2019
Similar cases
Judgements on the same questions, provisions and authorities, from every court