In two connected writ petitions, the High Court dismissed petitions challenging an ex-parte eviction decree and dismissing an application for restoration. The court held that the lower tribunals had adequately addressed the ex-parte situation and found no case for interference.
Writ petitions dismissed; all pending applications disposed of.
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. 3771/2021
Bhanwar Lal S/o Achla Ram, Aged About 60 Years, 15, Surajpole, Ghanchiyon Ka Baas, Pali, District Pali.
----Petitioner
Versus
Ogad Ram S/o Bhaira Ram, By Caste Ghanchi, Resident Of Somnath Mandir Road, Pali, District Pali
----Respondent
Connected With
S.B. Civil Writ Petition No. 3759/2021
Bhanwar Lal S/o Shri Achla Ram, Aged About 60 Years, Resident Of 15, Surajpole, Ghanchiyon Ka Baas, Pali, District Pali.
----Petitioner
Versus
Ogad Ram S/o Shri Bhaira Ram, By Caste Ghanchi, Resident Of Somnath Mandir Road, Pali, District Pali, Rajasthan.
----Respondent
| For Petitioner(s) | : Mr. Vasudev Charan, Mr. Gourav |
|---|---|
| Thanvi, Mr. Dinesh Purohit, | |
| Mr. Rajendra Mulewa | |
| For Respondent(s) | : Mr. Birbal Ram |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/12/2021
“i) by an appropriate writ, order or direction, the impugned order dated 05.02.2019 (Annexure-P/5) passed by the learned Rent Tribunal, Pali rejecting the application under Order 9 Rule 13 CPC and the impugned order dated 10.02.2021 (Annexure-P/7)
(2 of 6)
[CW-3771/2021]
passed by the learned Appellate Rent Tribunal, Pali dismissing the appeal may kindly be declared illegal and be quashed and set aside.
ii) by an appropriate writ, order or direction, the Application (Annexure-P/3) filed by the petitioner under Order 9 Rule 13 CPC read with Section 151 CPC may kindly be allowed and the ex-parte judgment and decree dated 07.09.2017 (Annexure-P/2) may kindly be set aside.
iii) by an appropriate writ, order or direction the case of the petitioner is writ large to remand back to the matter to the learned Rent Tribunal with the direction to decide afresh on merits in accordance with law after giving opportunity to the petitioner to led evidence and after considering the facts and material available on record.”
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order dated 05.02.2019 preferred an appeal bearing Appeal No.01/2019 before the learned Appellate Rent Tribunal, Pali, but the same was also dismissed vide order dated 10.02.2021.
(4 of 6)
[CW-3771/2021]
“In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
Issue notice to the respondents. Issue notice of stay application also, returnable within a period of two weeks. Notices be given ‘dasti’ to counsel for the petitioner to effect service upon the respondents.
In the meanwhile, both the parties shall maintain status quo regarding the property in-question.
Counsel for the petitioner shall take instruction as to how long he shall take to vacate the premises inquestion on the next date.”
“1. On 02.03.2021, this Court had passed the following order :
“In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court. Issue notice to the respondents. Issue notice of stay application also, returnable within a period of two weeks. Notices be given ‘dasti’ to counsel for the petitioner to effect service upon the respondents. In the meanwhile, both the parties shall maintain status quo regarding the property in-question. Counsel for the petitioner shall take instruction as to how long he shall take to vacate the premises in question on the next date.”
2. In the prima facie opinion of this Court, the notices in this case were issued only to the limited extent of granting time to the petitioner to vacate the premises.
3. Learned counsel for the petitioner submits that the Court had issued notices after hearing learned counsel for the petitioner on merit of the case and the
(5 of 6)
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following stipulation was only an alternative to the petitioner’s main contentions :
“Counsel for the petitioner shall take instruction as to how long he shall take to vacate the premises in question on the next date.”
4. In view of the aforesaid, let the matters be placed before the concerned Bench, which has passed the order dated 02.03.2021.”
(6 of 6)
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this, no other submissions on merits have been made by learned counsel for the petitioner..
(DR.PUSHPENDRA SINGH BHATI),J.
53-54-SKant/-
3 issues framed by the court
Whether the High Court should interfere with three consecutive orders dismissing petitions challenging an ex-parte eviction decree and restoration applications.
Whether the petitioner's claim of physical infirmity justifies quashing the ex-parte order and the dismissal of the application under Order 9 Rule 13 CPC.
Whether substantial merit exists to quash the ex-parte judgment and subsequent appellate order in an eviction matter.
3 provisions across 2 enactments
Bhanwar Lal S/o Achla Ram
Ogad Ram S/o Bhaira Ram
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
