Dismissed

Liyakat Son of Late Shri Abdul Rehman v. Mohd. Rashid S/O Late Mohd. Amin

Rajasthan HC29 Nov 2023CW/5353/2019

Case brief

AI extract

What is this about?

The Jaipur Bench of the Rajasthan High Court dismissed a writ petition challenging the rejection of an application for amendment of plaint under Order 6 Rule 17 CPC. The trial court had dismissed the plea as estopped and changing the suit's nature.

What did the court decide?

Writ petition against trial court order rejecting amendment application dismissed. Stay application and pending applications dismissed.

Liyakat Son of Late Shri Abdul Rehman Vs… — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023:RJ-JP:36572]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 5353/2019

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Liyakat Son Of Late Shri Abdul Rehman, Aged About 47 Years, R/o Ward No. 18, 12 Bhaiyon Ka Mohalla, Jhagra Masjid Ke Pas, Ramgarh

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Javed S/o Liyakat, Aged About 25 Years, R/o Ward No. 18, 12 Bhaiyon Ka Mohalla, Jhagra Masjid Ke Pas, Ramgarh

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Abid S/o Liyakat, Aged About 23 Years, R/o Ward No. 18, 12 Bhaiyon Ka Mohalla, Jhagra Masjid Ke Pas, Ramgarh

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----Petitioners

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Versus

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Mohd. Rashid S/o Late Mohd. Amin, Aged About 26 Years, Resident Of Ward No. 18, 12 Bhaiyon Ka Mohalla, Jhagra Masjid Ke Pas, Ramgarh At Present Plot No.239, Sanjay Nagar D Jhotwara, Jaipur

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Mohd. Hasmudin S/o Late Mohd. Amin, Aged About 24 Years, Resident Of Ward No. 18, 12 Bhaiyon Ka Mohalla, Jhagra Masjid Ke Pass, Ramgarh At Present Plot No. 239, Sanjay Nagar D Jhotwara, Jaipur

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Mainuddin S/o Late Shri Mohd. Amin, Aged About 29 Years, R/o Ward No. 18, 12 Bhaiyon Ka Mohalla, Jhagra Masjid Ke Pass, Ramgarh

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Mohd. Haroon S/o Late Shri Mohd. Amin, Aged About 38 Years, R/o Ward No. 18, 12 Bhaiyon Ka Mohalla, Jhagra Masjid Ke Pass, Ramgarh

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Dy. Registrar, Ramgarh, District Sikar.

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District Collector Sikar, Representative State Government.

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----Respondents

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For Petitioner(s) : None present. For Respondent(s) :

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

29/11/2023

[2023:RJ-JP:36572]

[CW-5353/2019]

(2 of 2)

Aggrieved by the order dated 18.01.2019 passed by the Civil Judge (Senior Division), Fatehpur, Sikar in Civil Suit No.365/2017, instant petition has been filed by the petitioner.

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By way of passing the order dated 18.01.2019, the Civil Judge has rejected the application filed by the petitioners under Order 6 Rule 17 CPC seeking amendment in the suit filed in the year 2017. While rejecting the prayer of the petitioners for amendment in the suit, the trial Court has recorded a finding that the petitioners are estopped by their pleadings originally made in the plaint and if after a lapse of some time, if the amendment in the suit is allowed, it would change the entire nature of the suit and accordingly the application was rejected. By passing the reasoned and cogent order, the application filed by the petitioners has been rejected which needs no interference of this Court.

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It is worthy to note here that the request for desired amendment was declined by the trial Court way back in the year 2019 and the suit might have proceeded during these four years. 4. I find no force in this petition and the same is hereby dismissed. Stay application and all pending applications, if any, also stand dismissed.

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(ANOOP KUMAR DHAND),J

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KuD/46

Liyakat Son of Late Shri Abdul Rehman v. Mohd. Rashid S/O Late Mohd. Amin

Case brief

What is this about?

What did the court decide?

Liyakat Son of Late Shri Abdul Rehman v. Mohd. Rashid S/O Late Mohd. Amin

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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