Disposed

Dilip Kumar @ Dulha S/O Shri Revachand Sindhi, v. Hitesh S/O Shri Dayaldas Gurnani

Rajasthan HC5 Mar 2024CR/24/2024

Case brief

AI extract

What is this about?

The petitioner sought withdrawal of a civil revision petition regarding a subsequently instituted suit. The High Court allowed the withdrawal with liberty to apply under Section 10 CPC for a stay of the subsequent suit, directing the trial court to decide the matter independently.

What did the court decide?

Petition disposed of as withdrawn with liberty to file an application under Section 10 CPC before the trial Court.

Dilip Kumar @ Dulha S/O Shri Revachand… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:11312]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Revision Petition No. 24/2024

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Dilip Kumar @ Dulha S/o Shri Revachand Sindhi, Aged About 66 Years, In The Capacity Of Owner/partner/manager Or Karta Of The Business In The Name And Style Revachand Mangatram R/o Near Maheshwari Bhawan, Bandari Ka Nohara, Shradhanand Bazazr(Pali Bazar), Beawar, District Ajmer (Rajasthan).

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----Petitioner

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Versus

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Hitesh S/o Shri Dayaldas Gurnani, R/o 6/116, Brajmohan Sharma Nagar, Ganeshpura Road, Beawar, District Ajmer (Rajasthan).

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----Respondent

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For Petitioner(s) : Mr. Gopendra Singh Shekhawat For Respondent(s) :

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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05/03/2024

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During course of arguments, learned counsel for petitioner submits that on same facts and grounds a suit on earlier occasion was filed and same is pending as Civil Suit No. 134/2012 before learned Civil Judge (Junior Division) No.2, Beawar but without waiting for adjudication for aforesaid a new suit is filed by respondent-plaintiff on identical grounds without any fresh cause of action. On the basis of aforesaid, an application under Order 7 Rule 11 R/w Section 151 CPC was filed as the subsequent suit is not maintainable and same is barred by law under Section 10 of CPC.

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Having considered the submissions of learned counsel for petitioner, learned counsel for petitioner agreed that looking to

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[2024:RJ-JP:11312]

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[CR-24/2024]

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scope of application under Order 7 Rule 11 CPC, he may be permitted to withdraw the instant revision petition with liberty to file an application under Section 10 of CPC before learned trial Court and learned trial Court be directed to dispose of the application without being influenced from order passed on application under Order 7 Rule 11 of CPC.

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Having considered the submissions, the petition is disposed of as withdrawn with liberty to file an application under Section 10 of CPC for stay of subsequently instituted suit. As and when the application is filed, the trial Court shall disposed of the same, without being influenced from impugned order, before proceeding further. A copy of this order be sent at earliest through concerned District Judge to the trial Court.

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Misc. application, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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Arun/45

Dilip Kumar @ Dulha S/O Shri Revachand Sindhi, v. Hitesh S/O Shri Dayaldas Gurnani

Case brief

What is this about?

What did the court decide?

Dilip Kumar @ Dulha S/O Shri Revachand Sindhi, v. Hitesh S/O Shri Dayaldas Gurnani

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

Case details

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