The High Court allowed the writ petition and quashed the order refusing to admit the petitioner's written statement in a suit, noting that the petitioner had complied with the terms allowing the filing upon payment of costs.
The order dated 24.01.2020 refusing to take written statement is quashed and set aside. The writ petition is allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1060/2020
Babu Singh S/o Shri Kishore Singh, Aged About 65 Years, B/c Rajput, R/o Tabela, Inside Jalam Vilas, Paota B Road, Jodhpur.
----Petitioner
Versus
M/s Padmawati Art Creation Pvt. Ltd., Registered Office 401, Olympic Complex, Mgh Road, Jodhpur Through Authorised Director Abhinav Kumbhat S/o Shri Gautam Kumbhat, Resident Of Raikabagh, Jodhpur.
----Respondent
For Petitioner(s) : Mr. O.P. Sangwa For Respondent(s) : Mr. O.P. Mehta
JUSTICE DINESH MEHTA
Order
03/12/2021
(2 of 2)
[CW-1060/2020]
(DINESH MEHTA),J
117-Rahul/-
2 issues framed by the court
Whether the order refusing to admit the written statement in a civil suit was arbitrary and violative of natural justice?
Whether the petitioner's compliance with the court's order regarding filing of written statement and payment of costs should result in setting aside the impugned order.
2 provisions across 1 enactments
Babu Singh S/o Shri Kishore Singh
M/s Padmawati Art Creation Pvt. Ltd.
Dinesh Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
