Allowed

Jawahar Lal Son of Mathura Prasad, v. Sarman Singh Son of Shri Harbux

Rajasthan HC24 Apr 2023CFA/375/2002

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the application for withdrawal of the underlying civil suit based on a settlement between parties. The suit was dismissed as withdrawn, the decree was set aside, and the plaintiff was authorized to receive the entire court fees paid. The accompanying appeal was disposed of accordingly.

What did the court decide?

Application for withdrawal allowed; underlying suit dismissed as withdrawn; decree set aside; plaintiff authorized to receive entirety of court fees.

Jawahar Lal Son of Mathura Prasad, Vs… — Civil Procedure and Limitation | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil First Appeal No. 375/2002

¶3

Jawahar Lal Son Of Mathura Prasad, R/o Nagar, Tehsil Nagar, Disttt Bharatpur (Raj.) (Dead) Represented By

¶4

1.1 Satish Mittal S/o Late Sh. Jawahar Lal, R/o 74, Jawahar Colony, Ward No. 11, Nagar, Distt. Bharatpur.

¶5

1.2 Sachin Mittal S/o Late Sh. Jawahar Lal, Aged About 42 Years, R/o 74, Jawahar Colony, Ward No. 11, Nagar, Distt. Bharatpur.

¶6

1.3 Smt Saroj Singhal W/o Vinod Singhal D/o Late Sh. Jawahar Lal, Aged About 60 Years, R/o 54 Usha Vihar, Triveni Nagar, Jaipur.

¶7

1.4 Smt Indra Devi W/o Yogesh Kumar D/o Late Sh. Jawahar Lal, Aged About 56 Years, R/o Diwan Badi Tejara, Distt. Alwar.

¶8

1.5 Hemant Mittal S/o Late Rajendra Prasad, R/o 74, Jawahar Colony, Ward No. 11, Nagar, Distt. Bharatpur.

¶9

1.6 Madhu Mittal W/o Late Rajendra Prasad, Aged About 60 Years, R/o 74, Jawahar Colony, Ward No. 11, Nagar, Distt. Bharatpur.

¶10

----Appellants

¶11

Versus

¶12

Sarman Singh Son Of Shri Harbux, R/o Rasia, Tehsil Nagar, District Bharatpur (Raj.) Died And Represented By Lrs

¶13

1/1 Shiv Ram Singh S/o Late Sharman Singh, R/o Rasiya Tehsil Nagar, Distt. Bharatpur.

¶14

1/2 Vishram Singh S/o Late Sharman Singh, Aged About 52 Years, R/o 74, Jawahar Colony, Ward No. 11, Nagar, Distt. Bharatpur.

¶15

----Respondents

¶16

For Appellant(s)	: Mr. L. L. Gupta, Adv.
For Respondent(s)	: Mr. M. M. Ranjan, Senior Adv. assisted
	by Mr. Rohan Agarwal, Adv.

¶17

(2 of 2)

¶18

[CFA-375/2002]

¶19

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

¶20

Order

¶21

24/04/2023

¶22

Matter comes up on an application(I.A. No.02/2023) under Order 23 Rule 1 CPC for withdrawal of the suit on account of settlement between the parties.

¶23

As per agreement between the parties, learned counsel for the plaintiff submitted that the entire court fees paid by him in the civil suit may be refunded.

¶24

Application is allowed for the reasons stated therein, the civil suit filed by the plaintiff is dismissed as withdrawn. Decree passed by the trial Court is set-aside.

¶25

Registrar (Judicial) is directed to issue a certificate authorizing the plaintiff to receive entire court fees paid by him from collector (stamp).

¶26

Since, the suit itself has been withdrawn, the appeal stands disposed of accordingly.

¶27

(NARENDRA SINGH DHADDHA),J

¶28

Gourav/16

Jawahar Lal Son of Mathura Prasad, v. Sarman Singh Son of Shri Harbux

Case brief

What is this about?

What did the court decide?

Jawahar Lal Son of Mathura Prasad, v. Sarman Singh Son of Shri Harbux

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mahesh Vs Naresh Kumar and Ors.

K K Agarwl Vs the Commissioner Wcc Jaipur

Karandeep Sheoran Son of Shri Rajendra Singh Sheoran Vs State of Rajasthan

Maniram Son Gopal Vs State of Rajasthan

Banwari and Others Vs Mohan Lal and Others

R S R T C Thr Gen Manager Vs Smt Mohini Devi and Ors.