Dismissed

Anju Rawat W/O Shree Ram Babu Rawat v. Mahesh Chandra Sharma S/O Shri Chiranji Lal Sharma

Rajasthan HC2 Dec 2024CW/10025/2024

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition challenging the Additional Civil Magistrate's order rejecting the petitioner's application to reopen evidence. The Court held that repeated opportunities were given and the delay constituted misuse of liberty.

What did the court decide?

The writ petition opposing the dismissal of the application for reopening of evidence is dismissed.

Anju Rawat W/O Shree Ram Babu Rawat Vs… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:49501]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 10025/2024

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Anju Rawat W/o Shree Ram Babu Rawat, Aged About 44 Years, R/o House No. 22, Khandelwal Enclave, Deewan Colony, Opposite Pushp Garden, Badanpura, Jaipur.

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----Petitioner

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Versus

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Mahesh Chandra Sharma S/o Shri Chiranji Lal Sharma, R/o, Khandelwal Enclave, Deewanu Colony, Opposite Push Garden, Badanpura, Jaipur.

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Shayama Devi W/o Mahesh Chandra Sharma S/o Chiranji Lal Sharma, Aged About 57 Years, R/o Khandelwal Enclave, Deewan Colony, Opposite Pushp Garden, Badanpura, Jaipur.

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Tikam Chandra Jain S/o Shri Lakshman Lal, Aged About 87 Years, R/o 606, Nigotiya Ka Chauk, Chaukdi Modikhana, Boradi Ka Rasta, Kishanporl Bajar, Jaipur.

¶10

Sardarmal Jain S/o Shri Lakshman Lal, Aged About 85 Years, R/o 606, Nigotiya Ka Chauk, Chaukdi Modikhana, Boradi Ka Rasta, Kishanporl Bajar, Jaipur.

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----Respondents

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For Petitioner(s)	: Ms. Radhika Maharwal for
	Mr. Kunalkant Rawat
For Respondent(s)	:

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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02/12/2024

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This civil writ petition has been filed by the petitioner against the order dated 02.05.2024 passed by the Additional Civil Magistrate No.1, Jaipur Metropolitan-I in civil suit No. 44/2017, by which the said court has dismissed the application filed by the petitioner for recording her evidence again.

[2024:RJ-JP:49501]

[CW-10025/2024]

(2 of 3)

Learned counsel for the petitioner submits that the petitioner filed a suit for declaration and permanent injunction against the respondents in which evidence of the petitioner was closed on 29.05.2023. Learned counsel for the petitioner further submits that he has filed an application before the trial Court for reopening the evidence of the petitioner but the trial Court vide order dated 02.05.2024 dismissed the petitioner’s application. Learned counsel for the petitioner further submits that due to pandemic of Covid-19 proceedings were held up in May, 2021 and petitioner was suffering from the breast cancer. So, she could not attend the trial Court for adducing her evidence. Learned counsel for the petitioner further submits that the petitioner submitted the medical related documents of the petitioner and the same were overlooked--. So, the order dated 02.05.2024 passed by the trial Court be set aside and petitioner be granted one more opportunity to adduce the evidence.

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I have considered the arguments advanced by the learned counsel for the petitioner and perused the impugned order.

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It is an admitted position that issues were framed in the suit on 13.03.2018 and the matter was posted for recording petitioner’s evidence. Since, then trial Court had given about 43 opportunities to the petitioner for adducing the evidence. Petitioner had filed the documents upto 2022 for cancer treatment. After that, trial Court had also given several opportunities to the petitioner for adducing her evidence. So, in my considered opinion, petitioner had misused the liberty given by the trial Court. So, the trial Court has rightly closed the evidence of the petitioner. So, the present petition filed by the petitioner

[2024:RJ-JP:49501]

[CW-10025/2024]

(3 of 3)

being bereft of merit, is liable to be dismissed, which stands dismissed accordingly.

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Pending application(s), if any, stand(s) disposed of.

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(NARENDRA SINGH DHADDHA),J

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Tahir/102

Anju Rawat W/O Shree Ram Babu Rawat v. Mahesh Chandra Sharma S/O Shri Chiranji Lal Sharma

Case brief

What is this about?

What did the court decide?

Anju Rawat W/O Shree Ram Babu Rawat v. Mahesh Chandra Sharma S/O Shri Chiranji Lal Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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