Smt. Santa v. Smt. Jaya
Case brief
What is this about?
Revision petition dismissed as the petitioner raised a new ground not before the trial court. The contention that Section 41(h) bars the suit was rejected since no refund prayer existed.
What did the court decide?
Revision petition dismissed; stay petition and pending applications disposed of.
What the court decided
[2023:RJ-JD:40575]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Revision Petition No. 197/2023
Smt. Santa W/o Shri Om Ji Meghwal, Aged About 27 Years, By Caste Meghwal, Resident Of 127, Opposite Of Dali Bai Temple, Ramdev Nagar, Jodhpur. (Defendant)
----Petitioner
Versus
Smt. Jaya W/o Shri Vijay Kumar Singhariya, Aged About 38 Years, By Caste Jatiya, Resident Of -119, Jatiya Colony, Nagori Gate, Jodhpur. (Plaintiff)
----Respondent
For Petitioner(s) : Mr. Mohd. Shahid Sheikh
HON'BLE MS. JUSTICE REKHA BORANA
Order
24/11/2023
Issues for consideration
2 issues framed by the court
Whether the High Court can admit new grounds regarding unpaid loan in a revision petition challenging rejection of Order VII Rule 11 application.
Whether a suit for specific performance of an alleged fraudulent agreement is barred under Section 41(h) of the Specific Relief Act when no refund relief is prayed.
Parties & counsel
- petitioner
Smt. Santa Meghwal
- respondent
Smt. Jaya Singhariya
Coram
Rekha Borana
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · November
- Registered
- Case no.
- CR/197/2023
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