Disposed

Ram Mohan S/O Late Sh. Ramakant (Since Deceased) v. Rajendra Mohan S/O Sh. Dhanesh Chand

Rajasthan HC21 May 2024CFA/538/2018

Case brief

AI extract

What is this about?

The court allowed the appellant's application to convert S.B. Civil First Appeal No. 538/2018 into a Miscellaneous Civil Appeal under Order 43 Rule 1 CPC, holding that technical grounds should not deprive a party of adjudication on rights. It directed registration as S.B. CMA and listing in July 2024.

What did the court decide?

Application allowed; present S.B. CFA converted and treated as S.B. CMA; matter listed in July 2024.

Ram Mohan S/O Late Sh. Ramakant (Since… — Civil Procedure and Limitation | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil First Appeal No. 538/2018

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Ram Mohan S/o Late Sh. Ramakant (Since Deceased)

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----Appellant

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Versus

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Rajendra Mohan S/o Sh. Dhanesh Chand

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----Respondent

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For Appellant(s)	: Mr. Aveesh Mourya and
	Mr. Jitendra Sharma
For Respondent(s)	: Mr. Mahendra Kumar Jain

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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21/05/2024

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Heard on application No.01/2024 filed for treating present S.B. CFA to S.B. CMA.

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Learned counsel for respondent objects to the application filed by the appellant on the ground that no specific reason is assigned in body of the application seeking conversion of S.B. CFA to S.B. CMA.

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Considered the submissions.

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Aggrieved from dismissal of civil suit in abatement, instant S.B. CFA was preferred and when this fact was pointed out about the maintainability of the instant first appeal then an application is filed for converting the same to misc. appeal as provided under Order 43 Rule 1 CPC.

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Considering that merely on technical grounds no party should be deprived of seeking adjudication on his rights, it is appropriate to allow the application, hence same is allowed and present S.B. CFA is converted and treated as S.B. CMA.

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[CFA-538/2018]

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(2 of 2)

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Office is directed to dispose of S.B. CFA and register the

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same as S.B. CMA.

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After doing needful, list the matter in month of July, 2024.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /63

Ram Mohan S/O Late Sh. Ramakant (Since Deceased) v. Rajendra Mohan S/O Sh. Dhanesh Chand

Case brief

What is this about?

What did the court decide?

Ram Mohan S/O Late Sh. Ramakant (Since Deceased) v. Rajendra Mohan S/O Sh. Dhanesh Chand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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