Disposed

Smt Kamla W/O Late Shri Matadeen v. Ramavtar Sharma S/O Shri Bihari Lal Sharma

Rajasthan HC17 Jan 2022CR/82/2019

Case brief

AI extract

What is this about?

In S.B. Civil Revision Petition No. 82/2019, this High Court disposed of a revision against an order rejecting a preliminary issue application. The Court directed the trial court to frame and decide a preliminary issue regarding the cause of action without being influenced by the earlier order.

What did the court decide?

Trial court directed to frame and decide a preliminary issue regarding the cause of action first.

Smt Kamla W/O Late Shri Matadeen Vs… — Civil Procedure and Limitation | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Revision Petition No. 82/2019

¶3

Smt Kamla Wife of Late Shri Matadeen, Aged About 60 Years, Resident Of Dhani Amarpura, Tehsil Kotputli, District Jaipur (Rajasthan)

¶4

Arun Son of Late Shri Matadeen, Aged About 32 Years, Resident Of Dhani Amarpura, Tehsil Kotputli, District Jaipur (Rajasthan)

¶5

Arvind S/o Late Shri Matadeen, Aged About 30 Years Resident Of Dhani Amarpura, Tehsil Kotputli, District Jaipur (Rajasthan)

¶6

----Applicant-Defendant-Petitioners Versus

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Ramavtar Sharma S/o Shri Bihari Lal Sharma Resident of Mohalla Buchaheda Town Kotputli, District Jaipur (Rajasthan)

¶8

Jagannath Prasad S/o Shri Bihari Lal Sharma R/o Mohalla Buchaheda Town Kotputli, District Jaipur (Rajasthan)

¶9

Anoop Kumar Sharma S/o Shri Ramautar Sharma Resident of Mohalla Buchaheda Town Kotputli, District Jaipur (Rajasthan)

¶10

----Non-Applicant-Plaintiff-Respondents

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For Petitioner(s) : Mr. Saransh Saini, Advocate through VC

¶12

HON'BLE MR. JUSTICE PRAKASH GUPTA

¶13

Order

¶14

17/01/2022

¶15

This revision petition has been filed by the petitionersdefendants (hereinafter referred to as 'the defendants') against the order dated 21.01.2019 passed by the learned Civil Judge and Judicial Magistrate Kotputli, District Jaipur in Civil Suit No.

¶16

(2 of 2)

¶17

[CR-82/2019]

¶18

79/2009 whereby the application filed by the defendants under Order 7 Rule 11 CPC has been rejected.

¶19

The respondents-plaintiffs (hereinafter referred to as 'the plaintiffs') filed a suit against the defendants. The defendants filed an application under Order 7 Rule 11 CPC. After hearing the arguments, vide order dated 21.01.2019 the Trial Court dismissed the said application.

¶20

Hence, the present revision petition has been filed.

¶21

The only prayer made by learned counsel for the defendants is that the Trial Court be directed to frame a preliminary issue in respect of the legal objection taken by them with regard to cause of action in the application under Order 7 Rule 11 readwith Section 151 CPC and to decide the same first before proceeding further in the matter.

¶22

In view of the above, if the defendants raise a legal objection in their written statement, as has been raised in the application under Order 7 Rule 11 read with Section 151 CPC, in that case, the trial court is directed to frame a preliminary issue and decide the same first, without being influenced by its earlier order dated 21.01.2019.

¶23

The revision petition as also the stay application, both stand disposed of accordingly.

¶24

(PRAKASH GUPTA),J

¶25

Mohit/2

Smt Kamla W/O Late Shri Matadeen v. Ramavtar Sharma S/O Shri Bihari Lal Sharma

Case brief

What is this about?

What did the court decide?

Smt Kamla W/O Late Shri Matadeen v. Ramavtar Sharma S/O Shri Bihari Lal Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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