Dismissed

Jugal Kishore Agarwal S/O Late Ramniwas Ji Kanodia v. Ram Niranjan Agarwal S/O Late Ramniwas Ji Kanodia

Rajasthan HC12 Apr 2023CW/4948/2023

Case brief

AI extract

What is this about?

Petitioner challenged a trial court order refusing to summon documents for firms not pleaded in the suit, holding the order was legal as no specific pleadings were made for those firms and no case existed for Article 227 interference.

What did the court decide?

Writ petition dismissed on grounds of absence of specific pleadings regarding the documents sought.

Jugal Kishore Agarwal S/O Late Ramniwas Ji Kanodia Vs… — Property and Title | Rajasthan HC (2023)

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[2023/RJJP/006331]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4948/2023

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Jugal Kishore Agarwal S/o Late Ramniwas Ji Kanodia, Aged About 70 Years, R/o B-201, Laxmi Narayan Puri, Outside Surajpole Gate, Jaipur.

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----Petitioner-plaintiffs

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Versus

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Ram Niranjan Agarwal S/o Late Ramniwas Ji Kanodia, Aged About 75 Years, R/o B-201, Laxmi Narayan Puri, Outside Surajpole Gate, Jaipur Presently Resident Of Flat No. F-2, Plot No. 603, Barkat Nagar, Tonk Phatak, Jaipur.

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Omprakash Kanodia S/o Late Ramniwas Ji Kanodia, R/o Flat No. 28, Fourth Floor, Poddar Park, Malad (East), Mumbai, Maharashtra (Deceased)

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Respondent No.1-Defendant No.1

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2/1. Smt. Maya Omprakash Kanodia W/o Late Om Prakash Kanodia, R/o 3/28, Malad Co-Operative Society Limited, Poddar Park, Malad (East), Mumbai, Maharashtra-400097

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2/2. Meena Sudesh Agarwal W/o Shri Sudesh Agarwal D/o Late Omprakashkanodia, R/o 410, Fourth Floor Shantivan 2/c, Co-Operative, Housing Raheja Township, Malad (East), Mumbai, Maharashtra-400097

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2/3. Deepak Omprakash Kanodia S/o Late Omprakash Kanodia, R/o 3/27, Malad Co-Operative Society Limited, Poddar Park, Malad (East), Mumbai, Maharashtra-400097

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Narayan Prasad Agarwal S/o Late Ramniwas Ji Kanodia, R/o B-2, Near Laxmi Mandir Cinema, Tonk Road, Jaipur (Deceased)

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3/1. Smt. Sunita Agarwal, W/o Late Narayan Prasad Agarwal

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3/2. Smt. Soniya Agarwal, D/o Late Narayan Prasad Agarwal

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3/3. Shekhar Kanodia, S/o Late Narayan Prasad Agarwal

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3/4. Shikha Agarwal, D/o Late Narayan Prasad Agarwal

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Vishnu Prasad Kanodia S/o Late Ramniwas Ji Kanodia, R/o 1403, Lester Tower A Wing Basant Valley-Second, Near A.k Vaidya Marg, Malad (East), Mumbai, Maharashtra.

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Smt. Draupadi Devi W/o Shri Kishan Changodia, R/o 7/206, Meera Marg, Vidhyadhar Nagar, Jaipur.

[2023/RJJP/006331]

[CW-4948/2023]

(2 of 3)

Smt. Bhagwati Devi W/o Shri Rajendra Kumar, R/o Above Bank Of India, Shahbad District Hardoi, Uttar Pradesh.

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----Respondents/Performa Defendants

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For Petitioner(s) : Mr. Sahil Duseja, Adv. Mr. Vinod Shanker Agarwal For Respondent(s) :

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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12/04/2023

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This writ petition has been filed by the petitioner challenging the order dated 14.02.2023 whereby the application submitted by the petitioner-plaintiff under Order 11 Rule 12 & 14 C.P.C. was partly allowed.

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Brief facts of the case are that the petitioner-plaintiff filed a suit for permanent injunction and declaration and settlement of accounts. During pendency of the said suit, the petitioner-plaintiff filed an application under Order 11 Rule 12 & 14 C.P.C. for summoning of certain documents, which was partly allowed by the trial Court vide order dated 14.02.2023. Hence, this writ petition has been filed by the petitioner-plaintiff challenging the order dated 14.02.2023.

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Counsel for the petitioner submitted that the learned trial Court has committed illegality in not summoning the documents relating to Kanodia Trading Corporation, Kanodia Sarees and Garima Sarees. Counsel further submits that such documents are very much necessary to decide the controversy involved in the suit filed by the plaintiff.

[2023/RJJP/006331]

[CW-4948/2023]

(3 of 3)

Heard counsel for the petitioner-plaintiff and perused the record.

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This writ petition filed by the petitioner-plaintiff deserves to be dismissed for the reasons; firstly, the learned trial Court has summoned the documents with regard to Jugal Kishore Narayan Prasad firm, which was in possession of the respondents; secondly since the petitioner-plaintiff has failed to mention anything about the firms namely-Kanodia Trading Corporation, Kanodia Sarees and Garima Sarees in the pleading of his suit, therefore in absence of specific pleadings, the trial Court has not committed any illegality in dismissing the application submitted by the petitionerplaintiff for summoning those documents; and thirdly in the facts and circumstances of the present case, in my view no case is made out for interference by this Court under Article 227 of the Constitution of India.

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Hence, this writ petition stands dismissed.

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(INDERJEET SINGH),J

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JYOTI /102

Jugal Kishore Agarwal S/O Late Ramniwas Ji Kanodia v. Ram Niranjan Agarwal S/O Late Ramniwas Ji Kanodia

Case brief

What is this about?

What did the court decide?

Jugal Kishore Agarwal S/O Late Ramniwas Ji Kanodia v. Ram Niranjan Agarwal S/O Late Ramniwas Ji Kanodia

Case brief

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What did the court decide?

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