Allowed

Kesharam v. Budharam

Rajasthan HC2 Aug 2023CFA/156/2023

Case brief

AI extract

What is this about?

In CFA No. 156/2023, the Rajasthan High Court at Jodhpur allowed an appeal against a judgment dismissing a suit for specific performance based on limitation. The Court set aside the lower court's finding on the limitation issue, which led to the dismissal of the suit, and remanded the matter for fresh adjudication on all remaining issues.

What did the court decide?

The finding on issue No. 8 regarding limitation is set aside. The judgment and decree of the Additional District Judge, Balotra are set aside, and the matter is remitted for deciding the suit afresh o

Kesharam Vs Budharam — Specific Performance | Rajasthan HC (2023)

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[2023:RJ-JD:24479]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil First Appeal No. 156/2023

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Kesharam S/o Balkaram, Aged About 86 Years, By Caste Bheel, Resident Of Sambhra Presently Near Milk Dairy, Ward No. 34, Balotra Tehsil Pachpadara, District Barmer.

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----Appellant

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Versus

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Budharam S/o Sawaram, By Caste Bheel, Resident Of Sambhra Presently Ward No. 32, Bheel Basti, Shastri Colony, Balotra Tehsil Pachpadra, District Barmer.

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Baburam S/o Sawaram, By Caste Bheel, Resident Of Sambhra Presently Khera Road, Tehsil Pachpadra, District Barmer.

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Manglaram S/o Masraram, By Caste Bheel Resident Of Rama, Tehsil Ahor, District Jalore.

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----Respondents

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For Appellant(s)	: Mr. Khema Ram Choudhary
	Mr. Ram Kishore Soni
For Respondent(s)	: Mr. Trilok Joshi

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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02/08/2023

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The present appeal has been preferred against the judgment and decree dated 04.04.2023 passed by the Additional District Judge, Balotra in Civil Suit No.36/2013 (27/2013) whereby the suit for specific performance of contract as preferred by the plaintiff has been dismissed.

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The suit has been dismissed by the learned Court below only on basis of the finding on issue No.8 pertaining to limitation. While deciding issue No.8, the Court below held that the suit is barred by limitation as the suit was not filed within three years of the

[2023:RJ-JD:24479]

[CFA-156/2023]

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date fixed for performance of the contract and on the basis of the said finding, dismissed the suit without adjudicating or entering upon the other seven issues as framed.

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Learned counsel appearing for the respondents candidly admitted/submitted that the finding on issue No.8 as arrived by the Court below, being not in consonance with law, be set aside and the judgment and decree based on the said finding be also set aside and the matter be remanded back to the Court below for deciding afresh on all the other issues.

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In view of the admission/consent of learned counsel for the respondents, the finding as arrived by the Court below on issue No.8 is hereby set aside . As a consequence, the judgment and decree dated 04.04.2023 passed by Additional District Judge, Balotra is set aside and the matter is remitted back to the Court below to decide the suit afresh after adjudicating upon the other issues as framed. It is made clear that the matter is remitted back only for the purposes of passing a fresh judgment on all the issues after hearing the final arguments.

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In view of the above observations, the present appeal is disposed of .

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Stay petition and other pending applications, if any, also stand disposed of.

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(REKHA BORANA),J

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111-KashishS/-

Kesharam v. Budharam

Case brief

What is this about?

What did the court decide?

Kesharam v. Budharam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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