Quashed

Laxmi Devi v. Fattu Ram

Rajasthan HC16 Feb 2022CW/6170/2019

Case brief

AI extract

What is this about?

Hearing a writ petition seeking quashing of an order and leave to produce evidence in a suit over 10 years old, the High Court directed the trial court to grant one last opportunity to the petitioner to lead evidence on a fixed date subject to depositing costs.

What did the court decide?

Petition disposed; Trial court directed to grant final opportunity to petitioner to lead evidence on 21.03.2022 subject to deposit of Rs.5000.

Laxmi Devi Vs Fattu Ram — Civil Procedure and Limitation | Rajasthan HC (2022)

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(1 of 2)

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[CW-6170/2019]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 6170/2019

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Laxmi Devi W/o Hari Ram, Aged About 67 Years, By Caste Bawari, Resident Of Chak 1 Fc, Tehsil- Sri Karanpur District Sri Ganganagar Through Her Power Of Attorney Holder Sukhwanti Devii W/o Shri Parmatma Ram, By Caste Bawari, Aged 42 Years, Resident Of Anupgarh District Sri Ganganagar.

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----Petitioner

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Versus

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Fattu Ram S/o Nathia., By Caste Bawari, Resident Of Chak 79 Gb, Tehsil- Anupgarh District Sri Ganganagar.

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Chhindrapal D/o Nathia,, By Caste Bawari, Resident Of Chak 79 Gb, Tehsil- Anupgarh District Sri Ganganagar.

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Laxman S/o Nathia, By Caste Bawari, Resident Of Chak 79 Gb, Tehsil- Anupgarh District Sri Ganganagar.

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Het Ram S/o Shri Agdaram,, By Caste Meghwal, Resident Of 22 A, Tehsil- Anupgarh District Sri Ganganagar.

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Mangi Lal S/o Shri Nathu Ram,, By Caste Meghwal, Resident Of 15As (A), Tehsil- Sri Vijaynagar, District Sri Ganganagar.

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----Respondents

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For Petitioner(s)	: Mr. Abhinav Jain
For Respondent(s)	: Mr. Trilok Joshi

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order

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16/02/2022

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In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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The petitioner has preferred this petition claiming for the following reliefs:-

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(2 of 2)

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[CW-6170/2019]

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“(A) By an appropriate writ order or direction, order dated 05.04.2019 (Annex.2) passed by the Additional District Judge, Anupgarh District Sir Ganganagar may kindly be quashed and set aside.

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(B) By an appropriate writ order or direction, the application of the petitioner may kindly be allowed and the learned trial court may kindly be directed to allow the petitioner to produce her evidence on the next date fixed in the matter.”

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Counsel for the petitioner submits that in the interest of justice, one last opportunity be given to the petitioner to render her evidence.

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Counsel for the respondent however, submits that in case any opportunity is to be granted, then it should be one last opportunity to lead evidence on a particular date only, as the suit itself is of the year 2011 and comes under the category of more than 10 years old cases.

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In light of such submissions, the learned court below is directed to give one last opportunity to the petitioner to lead her evidence on 21.03.2022, subject to her depositing a cost of Rs.5000/- before the learned court below, which shall be released in favour of the private respondents, equitably.

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The present petition stands disposed of accordingly.

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(DR.PUSHPENDRA SINGH BHATI),J.

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68-Nirmala/Sanjay

Laxmi Devi v. Fattu Ram

Case brief

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Laxmi Devi v. Fattu Ram

Case brief

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