This writ petition challenges the affirmation of a trial court's dismissal of a subsequent suit. The court held that Order VII Rule 11 decision depends on plaint averments and evidence-based contentions warrant a full trial, thus finding no error in the lower authorities.
Writ petition failed; stay petition 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. 6289/2020
Smt. Hariya Devi W/o Late Deep Chand, Aged About 72 Years, By Caste Jat, R/o Gram Khasoli Tehsil And District Churu
----Petitioner
Versus
----Respondents
(2 of 3)
[CW-6289/2020]
For Petitioner(s)
: Mr. VK Bhadu
JUSTICE DINESH MEHTA
Order
15/11/2021
(3 of 3)
[CW-6289/2020]
(DINESH MEHTA),J
6-Amar/-
2 issues framed by the court
Whether a subsequent suit filed without setting aside an ex-parte order is barred by Order IX Rule 9 of CPC.
Whether questions requiring evidence can be adjudged merely on perusal of the plaint under Order VII Rule 11 CPC.
2 provisions across 1 enactments
Smt. Hariya Devi W/o Late Deep Chand
Smt. Parmeshwari D/o Late Tilok Ram
Muni Devi W/o Late Ratana Ram
State Of Rajasthan, Through Tehsildar, Churu
Dinesh Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
