Partly allowed

Sadul Singh v. Jagdish

Rajasthan HC2 Jul 2024CMA/81/2014

Case brief

AI extract

What is this about?

The single-judge civil bench in S.B. Civil Misc. Appeal No. 81/2014 restored an ex-parte dismissed proceeding. It set aside the order dated 31.10.2013 and deputed the appellant to appear in person or through counsel before the trial court by 22.07.2024 as a final opportunity under interest of justice; otherwise the ex-parte order remains confirmed.

What did the court decide?

Impugned order dated 31.10.2013 quashed. Appellant directed to appear before trial court on 22.07.2024. Final ex-parte order to hold on default of appearance.

Sadul Singh Vs Jagdish — Civil Procedure and Limitation | Rajasthan HC (2024)

¶1

[2024:RJ-JD:26509]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Misc. Appeal No. 81/2014

¶4

Sadul Singh S/o Shri Birbal Ram,aged about 61 years, R/o Manak Thedi, Tehsil Pilibanga, District Hanumangarh(Rajasthan)

¶5

----Appellant

¶6

Versus

¶7

Jagdish S/o Shri Kashi Ram, R/o Ward No.23, Suratgarh, District Sriganganagar (Rajasthan)

¶8

----Respondent

¶9

For Appellant(s) : Mr. Suresh Kumar Gaur For Respondent(s) : Mr. Vijay Jain

¶10

HON'BLE DR. JUSTICE NUPUR BHATI

¶11

Order

¶12

02/07/2024

¶13

Learned counsel for the appellant submits that on account of some miscommunication, learned counsel for the appellant has pleaded no instructions in the matter before the learned trial court and therefore, the learned trial court proceeded ex-parte and the impugned order dated 31.10.2013 was passed. Learned counsel for the appellant further submits that the appellant may be granted one last opportunity so that he can appear before the learned trial court and put up his case.

¶14

Learned counsel for the respondent submits that ample opportunities were given to the appellant, however, neither he, nor anybody appeared on his behalf before the learned trial court and the learned counsel for the appellant had also pleaded no instructions in the matter and thus, the learned trial court has rightly proceeded ex-parte and passed the impugned order dated 31.10.2013.

[2024:RJ-JD:26509]

[CMA-81/2014]

(2 of 2)

In view of the submissions made and in the interest of justice, this Court deems it appropriate to quash and set aside the impugned order dated 31.10.2013 while granting one last opportunity to the appellant to appear before the learned trial court. The appellant is directed to remain present before the learned trial court either in person or through his counsel on 22.07.2024.

¶19

In case, the appellant fails to remain present before the learned trial court either in person or through his counsel on the afore-stated date, then, no further opportunity would be given to the appellant and the impugned order dated 31.10.2013 passed by the learned Additional District Judge No.1, Hanumangarh in Case No.03/2011, shall hold the field.

¶20

With the aforesaid direction, the civil misc. appeal is disposed of.

¶21

(DR. NUPUR BHATI),J

¶22

surabhii/135-

Sadul Singh v. Jagdish

Case brief

What is this about?

What did the court decide?

Sadul Singh v. Jagdish

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mangilal Meghwal Vs State of Rajasthan

Jora Ram Vs State of Rajasthan

Chanchal Meghani Vs State of Rajasthan

Udailal Vs Narendra Kumar

Pappuram Vs State of Rajasthan

Kiran Vs State of Rajasthan