M/S Sai Polyplast v. Santosh Jain
Case brief
What is this about?
In revision petitions challenging Orders 13/2023 and 15/2023, High Court dismissed petition arguing non-impleadment is not a ground for dismissal under CPC. For Petitioner 2, limited disposal directed framing preliminary issue on limitation after filing written statement via future hearing directions.
What did the court decide?
Revision Petition No. 13/2023 dismissed; Revision Petition No. 15/2023 dismissed with directions to frame preliminary issue on limitation.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Revision Petition No. 13/2023
- M/s Sai Polyplast, Road No. 10, M.G. Road, Khata No. 21/14, First And Second Floor, Fozi Udhyog, Udhyog Nagar, Udhna Surat (Gujrat)
- Pradeep Gaurishankar S/o Shri Gaurishankar, Aged About 52 Years, By Caste Brahman Trivedi, Resident of A-302, Silver Avenue Mapple County-1, Near Shalaj Railway Crossing, Thaltej, Ahmedabad (Gujrat)
- Manoj Pandya S/o Shri Navneet Pandya, Aged About 43 Years, By Caste Brahman Pandya, Resident of 109-B, Vrandavan Park Second, Chala, Vapi.
----Petitioners
Versus
- Smt. Santosh Jain W/o Shri Mooolchand Jain, By Caste Oswal Jain, Through Her Power of Attorney Holder Moolchand Jain S/o Shri Bahadurmalji, Resident of 460, Subhash Nagar, Jodhpur.
----Respondents
Connected With
Issues for consideration
3 issues framed by the court
Whether non-impleadment of a necessary partner is a ground to dismiss a suit under Order VII Rule 11 CPC.
Whether the claim for recovery of loan is barred by limitation given the COVID-19 exclusion period.
Whether to frame a preliminary issue on limitation in the absence of a written statement.
Parties & counsel
- petitioner
M/s Sai Polyplast
- petitioner
Pradeep Gaurishankar
- petitioner
Manoj Pandya
- respondent
Santosh Jain
Coram
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · January
- Registered
- Case no.
- CR/13/2023
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