Petitioner sought a limited submission for expedited disposition of a pending Order 11 Rule 12 CPC application via a speaking order. Court disposed of the writ petition directing trial court to decide application within 30 days.
Direction to trial court to decide pending Order 11 Rule 12 CPC application expeditiously, preferably within 30 days, through a speaking order.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 3052/2021
Sanyogita W/o Devendra Singh Chouhan, Aged About 33 Years, R/o Narbad Kheda, Beawar, District Ajmer (Rajasthan)
----Petitioner
Versus
Rohit Modi S/o Gopal Modi, R/o A-117, Janta Colony, Jaipur (Through Power Of Attorney Holder Sudhish Agrawal S/o Unkar Ji, R/o Ambaji, Banaskantha, Gujarat As Mentioned In The Cause Title Of The Plaint)
----Respondent
For Petitioner(s) : Mr. Deelip Kawadia
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
23/02/2021
In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matter in Court.
Counsel for the petitioner makes a limited submission that the application pending under Order 11 Rule 12 CPC may be ordered to be decided by the trial court by passing a speaking order.
In light of limited prayer made, the writ petition is disposed of while directing the learned trial court to decided the pending application under Order 11 Rule 12 CPC strictly in accordance with law expeditiously, preferably, within a period of 30 days from today.
(DR. PUSHPENDRA SINGH BHATI),J.
73-Nirmala/Sanjay/-
2 issues framed by the court
Whether the trial court should expedite and pass a speaking order on a pending application under Order 11 Rule 12 CPC.
Whether the writ petition should be disposed of by directing the trial court to decide the ancillary application within 30 days.
1 provisions across 1 enactments
Sanyogita W/o Devendra Singh Chouhan
Rohit Modi S/o Gopal Modi
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
