Disposed

Shiv Shankar Mahawar S/O Shri Satyapal Mahawar v. Lalit Kumar S/O Shri Madan Lal Mahawar

Rajasthan HC7 Feb 2022CW/12792/2019

Case brief

AI extract

What is this about?

The High Court allowed the petitioner to consider additional documents provisionally during the final hearing of a rent dispute to ensure substantial justice, while imposing a cost of Rs. 5,000 and directing disposal within two months.

What did the court decide?

Writ petition disposed; documents allowed for provisional consideration during final hearing; Rs. 5,000 cost imposed on petitioner; disposal directed within two months.

Shiv Shankar Mahawar S/O Shri Satyapal… — Civil Procedure and Limitation | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 12792/2019

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Shiv Shankar Mahawar S/o Shri Satyapal Mahawar, Aged About 52 Years, Prop. Jyoti Minerals Sales Corporation, First Floor, Near Madan Kutir Jublibas Over Bridge, Alwar, Presently Working At G- 177(A), Mia, Alwar (Raj.).

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----Petitioner

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Versus

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Lalit Kumar S/o Shri Madan Lal Mahawar, Aged About 56 Years, R/o Madan Kutir Sadak No.2, Near Overbridge, Tehsil And District Alwar Through Krishna Kumar Gupta, By Caste Mahajan, R/o Madan Kutir Sadak No.2, Near Overbridge, Tehsil And District Alwar.

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M/s Jyoti Minerals Sales Corporation, First Floor, Madan Kutir Jublibas, Sadak No.2, Near Overbridge Through Partner Shivshankar Mahawar S/o Satyapal Mahawar, First Floor, Madan Kutir Jublibas, Sadak No.2, Near Overbridge, Alwar, Presently Working At G-177(A), Mia, Alwar (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Vigyan Shah (through VC) For Respondent(s) : Mr. Alok Chaturvedi (through VC)

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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07/02/2022

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Learned counsel for the petitioner submits that he has assailed the order dated 28.05.2019 passed by learned Rent Tribunal, Alwar in Civil Application No.107/2015 wherein it has partly rejected the application submitted under Order 8 Rule 1(3) CPC and Section 21 of Rent Control Act for taking additional documents on record which pertains to certain books of accounts and bank statement.

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(2 of 2)

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[CW-12792/2019]

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Counsel for the petitioner submits that these documents are material to the case and are required to be considered especially in the background when part order by way of taking income tax returns and documents are allowed.

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Per contra, learned counsel Mr. Alok Chaturvedi submits that Coordinate Bench of this Court in erstwhile petition filed in the year 2017 has given categorical directions in the year 2020 for disposal of the matter within a period of 12 months. A tactics for bringing additional documents on record at the stage of final arguments is only to delay the proceedings.

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In the facts and circumstances of the case, without entering into the merits, this Court deems it appropriate that if the documents in question may be considered provisionally during the course of final hearing of the matter, substantial justice will be caused. To balance this judgment, this Court impose a cost of Rs.5,000/- upon the petitioner which may be deposited within a period of 15 days. This Court further directs the trial Court to dispose of the present matter within a period of two months from the receipt of certified copy of this order.

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In the light of above, the writ petition is disposed of. Any observations of this Court will not prejudice the learned trial Court.

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(SAMEER JAIN),J

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Arun/20

Shiv Shankar Mahawar S/O Shri Satyapal Mahawar v. Lalit Kumar S/O Shri Madan Lal Mahawar

Case brief

What is this about?

What did the court decide?

Shiv Shankar Mahawar S/O Shri Satyapal Mahawar v. Lalit Kumar S/O Shri Madan Lal Mahawar

Case brief

What is this about?

What did the court decide?

What the court decided

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