The High Court of Rajasthan directed the trial court to admit the petitioner's written statement in a suit and proceed with the matter after the petitioner deposited the cost ordered by this Court.
The learned trial court is directed to take on record the written statement filed by the petitioner and proceed with the matter.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 5214/2018
Gram Panchayat Nimbala, Through The Sarpanch, Gram Panchayat Nimbala, Panchayat Samiti Aahore, District Jalore.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Amit Mehta |
|---|---|
| For Respondent(s) | : Nonepresent |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
14/12/2022
Nobody is present for the respondents even in the second round.
Heard learned counsel for the petitioner.
The present writ petition has been filed against the order dated 17.02.2018 passed by learned Additional Senior Civil Judge No.1, Jalore in Civil Original Suit No.46/2016 (Adringaram Versus Shivlal & Anr.) whereby the opportunity to file written statement by the petitioner has been closed. Hence, this writ petition.
Learned counsel for the petitioner submits that this Court on 17.04.2018 directed the petitioner to deposit a cost of Rs.21,000/on the next date before learned trial court. Learned counsel for the petitioner submits that in pursuance of the direction issued by this Court on 17.04.2018, the cost as ordered by this Court has
(2 of 2)
[CW-5214/2018]
been deposited and written statement has also been filed before the learned trial court. However, the learned trial court is not proceeding with the matter. He further submits that even as per the order dated 09.05.2018, it has been noted by the learned trial court that the respondents have no objection to the same.
From the perusal of the order sheet of the learned trial court dated 09.05.2018, it can be presumed that the respondents have accepted the cost deposited by the petitioner, therefore, the written statement should be taken on record.
Considering the submissions made at the Bar, this Court is of the view that since the cost as ordered by this Court on 17.04.2018 has been deposited before the learned trial court, thus, the learned trial court is directed to take on record the written statement filed by the petitioner and proceed with the matter.
The present writ petition is disposed of in the above terms.
(VINIT KUMAR MATHUR),J
26-KashishS/-
1 issue framed by the court
Whether the writ respondent court should be directed to take on record the petitioner's written statement after the stipulated court fees were deposited.
Gram Panchayat Nimbala
Adringaram Son Of Shri Dolaram
Shivlal Son Of Shri Punamaram
Vinit Kumar Mathur
As recorded by the court registry
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