Petitioner filed writ petition challenging an order under Section 10 CPC based on res-sub-judice due to a previous suit. Court dismissed petition as infructuous since previous suit was withdrawn, allowing other objections to be raised before trial court.
Writ petition disposed as infructuous; liberty granted to raise other objections before trial court.
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[2023/RJJD/008652]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 187/2020
Ranjeet Singh S/o Late Sh. Jagdish Singh, Aged About 60 Years, By Caste Rajput, Resident Of Chak 26 Stg Pilibanga, Tehsil Pilibanga, District Hanumangarh.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. BS Sandhu For Respondent(s) : Mr. Trilok Joshi
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
05/04/2023
The petitioner has preferred the present writ petition claiming the following reliefs :-
"i. That the order dated 03.12.2019 (Annexure-7) may kindly be quashed and set aside.
ii. That the application dated 28.11.2019 (Annexure-6) filed by the petitioner may kindly be allowed as prayed for. "
Learned counsel for the petitioner submits that the respondent-plaintiff filed two suits; one at Deedwana and another
[2023/RJJD/008652]
[CW-187/2020]
(2 of 2)
at Hanumangarh. He further submits that since the previous suit was of Hanumangarh, therefore, the petitioner filed an application under Section 10 of CPC at Deedwana seeking stay of the proceedings on the ground of res-subjudice.
Learned counsel for the respondent submits that the suit at Hanumangarh, which has been agitated as a previous suit, has been withdrawn, thus, application of res-subjudice would not survive and the writ petition has become infructuous.
Learned counsel for the petitioner submits that though the previous suit has been withdrawn, but all other objections, except for res-subjudice has to remain maintainable and open for the present petitioner, if the present writ petition is to be disposed of.
This Court, upon such limited submission, finds that ressubjudice no more operates, as the previous suit filed at Hanumangarh has been withdrawn; the writ petition is disposed of as having become infructuous, while giving liberty to the petitioner to take-up all issues regarding the maintainability and any other legal issues except res-subjudice before the learned trial court at Deedwana. However, this order shall not prejudice the petitioner to contest the S.B. Civil Writ Petition no.390/2020.
All pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI),J
43-Sudheer/-
1 issue framed by the court
Whether a writ petition challenging a court order under Section 10 of CPC is maintainable when the underlying previous suit has been withdrawn.
1 provisions across 1 enactments
Ranjeet Singh
Chail Kanwar
Vasudev Singh
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
