HBJC dismissed a civil revision petition challenging the granting of leave to appeal by the trial court. The appeal was allowed against a decree in an eviction suit where the applicant, an actual tenant, was excluded in remanded proceedings.
Leave to appeal granted by lower court affirmed; revision petition dismissed.
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.
[2023:RJ-JD:23163]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Revision Petition No. 192/2017
Mewara Kshatriya Samaj, 6, Pal Road Through Its President Shri Pukhraj Chouhan S/o Shri Padma Ram Ji Chouhan and present President Shri Lekh Raj S/o Shri Lal Chand Chouhan, Age 65 years, Address: Mewara Kshatriya Samaj, Kalal Bagechi, 6, Pal Road, Chopasani Road, Jodhpur, Rajasthan.
----Petitioner
----Respondents
For Petitioner(s) : Ms. Saraj Patel For Respondent(s) : Mr. O.P. Mehta through VC Mr. Harshvardhan
HON'BLE MS. JUSTICE REKHA BORANA
Order
25/07/2023
(2 of 4)
[2023:RJ-JD:23163]
[CR-192/2017]
(CPC) for grant of leave to appeal against the judgment and decree dated 06.09.2012 has been allowed in favour of applicant Devi Singh.
A suit for eviction was preferred by the plaintiff Society against the defendants with the submission that the property in question was let out to one Lal Singh who had sub let the same to defendant no.4-Jagdish Singh. In the written statement filed jointly by all the defendants, it was averred that the property was in possession of Devi Singh who was the tenant and defendant no.4 Jagdish just worked under the supervision of Devi Singh. On the said defence being taken by the defendants, an application under Order I Rule 10, CPC was filed by the plaintiff Society with a prayer for impleadment of Devi Singh. The said application was allowed and Devi Singh was permitted to be impleaded as a party defendant.
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(3 of 4)
However, learned trial Court proceeded on to reject the application as preferred by applicant Devi Singh on the ground that the matter was remanded by the Appellate Court with a direction to decide afresh after hearing the parties to the suit. As Devi Singh was not a party to the suit, he could not be impleaded. The suit was ultimately decreed in favour of the plaintiff.
(i) In the earlier application under Order I Rule 10, CPC as filed by the plaintiff Society, it was admitted by the Society itself that Devi Singh was an essential party to the lis and his impleadment was necessary for proper adjudication of the controversy.
(ii) All the defendants had specifically stated that Devi Singh being the actual tenant of the property was in possession of the property.
(iii) The application under Order I Rule 10, CPC as preferred by applicant Devi Singh was rejected solely on the ground that he was not a party to the suit as well as the appeal.
(iv) The rent receipt of 19.10.1985, the receipts of rent deposited by Devi Singh in the Bank account of the plaintiff Society and the cheques issued by him in favour of the plaintiff Society prima facie proves Devi Singh to be a tenant of the premise in question.
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(4 of 4)
(v) The order dated 13.10.1997 vide which Devi Singh was discharged of the offences pertaining to the fraudulent manipulations in the rent receipts.
(REKHA BORANA),J
263-KashishS/-
2 issues framed by the court
Whether the lower court erred in allowing leave to appeal against a decree obtained in an eviction suit where the applicant had been an essential party but was not impleaded in the remanded proceeding
Whether the applicant, who was discharged of offences concerning fraudulent rent receipts and had deposited rent into the Societies account, was grossly prejudiced by the lower court's order.
2 provisions across 1 enactments
Mewara Kshatriya Samaj, 6, Pal Road Through Its President Shri Pukhraj Chouhan
Devi Singh Solanki
Lrs Of Shri Narayan Singh S/o Late Shri Lal Singh Tanwar
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
