The High Court disposed of a writ petition regarding deficiency in filing details under CPC Order 11 Rules. It granted liberty to the petitioner to move a fresh application under Order 11 Rule 4, without prejudging the trial Court's fresh decision.
Liberty to the petitioner to move an afresh application under Order 11 Rule 4 of CPC.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 5042/2019
Chotu Lal Giri S/o Aanand Giri, Aged About 57 Years, B/c Giri, Near Baba Ramdev Tent House, Rani Bazar, Bikaner, District Bikaner.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Nishank Madhan. |
|---|---|
| For Respondent(s) | : Mr.Dhirendra Pandey & |
| Mr. Ram Niwas Haniya for | |
| Mr. Kamal Kishore Dave. |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
22/11/2021
In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
At the outset, counsel for the respondent(s) submits that main ground of dismissing the application under Order 11 Rule 1
(2 of 2)
[CW-5042/2019]
of CPC is that proper details have not been filed in the application and the provision of Order 11 Rule 4 CPC has not been complied with.
Learned counsel for the petitioner fairly submits that such deficiency as mentioned by counsel for the respondent(s) is there and he seeks liberty to move application afresh.
On such limited submission, the writ petition is disposed of while giving liberty to the petitioner to move application afresh under Order 11 Rule 4 of CPC.
It is needless to say that order dated 05.02.2019 shall not be prejudice the learned trial Court to decide the application afresh strictly in accordance with law.
(DR. PUSHPENDRA SINGH BHATI),J.
161-nirmala/-
3 issues framed by the court
Whether the writ petition should be disposed of on the ground of deficiency in details under Order 11 Rule 1(2) CPC.
Whether the petitioner should be granted liberty to move an afresh application under Order 11 Rule 4 CPC.
Whether the prior order shall prejudice the trial Court from deciding the afresh application in accordance with law.
2 provisions across 1 enactments
Chotu Lal Giri
Union Of India
Senior Divisional Commercial Manager, North Western Railway
General Manager, North Western Railway
PUSHPENDRA SINGH BHATI
As recorded by the court registry
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