Prahlad v. Morpal and Ors.
Case brief
What is this about?
The appellant abandoned the civil miscellaneous appeal regarding the setting aside of a Section 39 Rule 1 CPC stay order, provided the trial court decides the main suit within a year.
What did the court decide?
The civil miscellaneous appeal is dismissed as not pressed on condition that the trial court decides the original suit within one year.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1586/2018
Prahlad
----Appellant
Versus
Morpal And Ors
----Respondent
| For Appellant(s) | : | Mr. Birdhi Lal, Adv., |
|---|---|---|
| Ms. Neha Agrawal, Adv., | ||
| Ms. Nikita Yadav, Adv. on behalf of | ||
| Mr. S.C. Gupta, Adv. | ||
| For Respondent(s) | : | Mr. Vikas Kabra, Adv. |
HON'BLE MR. JUSTICE BHUWAN GOYAL
Order
04/07/2023
- The present civil misc. appeal under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 has been directed by the appellant-defendant No.1 against the Order dated 28.10.2017 passed by the Additional District Judge No. 2, Bundi Campt at Nainwa in Civil Misc. Case No. 13/2017 (Morpal & ors. vs. Prahlad & ors.), whereby application under Section XXXIX Rule 1 & 2 of C.P.C. filed by the respondents-plaintiffs has been allowed.
Issues for consideration
2 issues framed by the court
Whether to allow or dismiss an appeal where the appellant states they will not press the appeal unless a direction is issued to decide the main suit summarily.
How to direct the trial court to expedite pending litigation lasting almost six years.
Parties & counsel
- appellant
Prahlad
- respondent
Moral and Ors
Coram
Bhuwan Goyal
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · July
- Registered
- Case no.
- CMA/1586/2018
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