The Court dismissed a writ petition as infructuous because the underlying suit was dismissed. It granted liberty to the petitioner to file a revival application should the suit be restored.
Liberty to file an application for revival of the writ petition if the suit is restored to its original number.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1444/2010
Siddharth Arora Son Of Shri S.r. Arora, F-56, Vaishali Nagar, Jaipur, At Present Residing At 114, Deluxe Apartment, New Delhi, through Power Of Attorney Holder Shri Inderbhan Dhareja Son Of Shri Dharmchand Dhareja, Residing Of H-26, Vaishali Nagar, Jaipur
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr.Nitin Jain, Adv. For Respondent(s) : Mr.Mudit Singhvi, Adv. for Mr.Vineet Mehta, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
02/09/2022
Matter comes up on misc. application No.1/2022 filed by the respondents for declaring the present writ petition as having become infructuous on account of suit itself being dismissed by the Civil Court on 06.11.2019.
Learned counsel for the petitioner submits that an application for restoration of the suit has already been filed and the same is pending.
This Court finds that the suit filed by the petitioner has already been dismissed on 06.11.2019 and in case the said suit is restored to its original number, the petitioner will be at liberty to
(2 of 2)
[CW-1444/2010]
file an appropriate application for revival of the present writ petition.
Accordingly, this Court dismisses the present writ petition with aforesaid liberty.
(ASHOK KUMAR GAUR),J
Monika/18
1 issue framed by the court
Whether the writ petition is infructuous due to dismissal of the underlying suit.
Siddharth Arora
The Additional Civil Judge Junior Division, No. 5, Jaipur City
Yogesh Prakash Sharma
Ashok Kumar Gaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
