Nandu v. Tammu
Case brief
What is this about?
This second appeal was allowed to be withdrawn ex-parte with liberty to file an application under Order 9 Rule 13 CPC before the trial court to quash the judgment and decree. The high court reiterated that limitation and merits remain open to be contested with no relaxation of limitation period.
What did the court decide?
Withdrawal of the present appeal allowed with liberty to move an application under Order 9 Rule 13 CPC before the trial court upon date set by the trial court.
What the court decided
[2023:RJ-JD:38046]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil First Appeal No. 221/2022
Nandu W/o Late Shri Onkar Ji, Aged About 58 Years, R/o Biliya Khurd, Tehsil And Distt. Bhilwara, Rajasthan.
----Appellant
Versus
- Tammu D/o Late Shri Onkar Ji, W/o Shri Bansi Lal, B/c Gadri, R/o Biliya Khurd At Present Bagor, Tehsil Mandal And Distt. Bhilwara.
- Smt. Deu D/o Late Shri Onkar Ji, W/o Shri Champa, B/c Gadri, R/o Biliya Khurd At Present Kisnawto Ki Khedi, Tehsil And Distt. Bhilwara.
- Sub-Registrar, Bhilwara, Distt. Bhilwara (Raj.)
----Respondents
For Appellant(s) : Mr. S.S. Sisodia
HON'BLE MS. JUSTICE REKHA BORANA
Issues for consideration
1 issue framed by the court
Whether the appellant is entitled to withdraw the second appeal ex-parte pending adjudication by the trial court.
Parties & counsel
- appellant
Nandu W/o Late Shri Onkar Ji
- respondent
Tammu D/o Late Shri Onkar Ji
- respondent
Smt. Deu D/o Late Shri Onkar Ji
- respondent
Sub-Registrar, Bhilwara
Coram
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · November
- Registered
- Case no.
- CFA/221/2022
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