Allowed

Shri Prabhu Dhanwani S/O Late Shri Chuhadmal Dhanwani v. Shri Inder Kumar Dhanwani S/O Late Shri Kishanchand Dhanwani

Rajasthan HC20 Nov 2024CW/12397/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging the dismissal of an application under Order 11 Rule 12, 14 read with Section 151 CPC. The writ court set aside the trial court order, finding an error in not taking the plaintiff's reply on affidavit, and remanded the matter for fresh decision.

What did the court decide?

CW-12397/2023 allowed; Order dated 19.07.2023 set aside; Matter remanded to Trial Court with direction to decide application afresh after taking reply on affidavit.

Shri Prabhu Dhanwani S/O Late Shri Chuhadmal Dhanwani… — Property and Title | Rajasthan HC (2024)

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[2024:RJ-JP:47573]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 12397/2023

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Shri Prabhu Dhanwani S/o Late Shri Chuhadmal Dhanwani, R/o 262/20, Near Dr. Asha Manghani Clinic, Diggi Bazar, Ajmer.

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----Petitioner

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Versus

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Shri Inder Kumar Dhanwani S/o Late Shri Kishanchand Dhanwani, Presently R/o 115, Gali No. 3, Shivsagar Colony, Behind Petrol Pump, Vaishali Nagar, Ajmer.

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Shri Ramesh Dhanwani S/o Late Shri Chuhadmal Dhanwani, R/o H. No. 27, Shivdarshan Colony, Ajay Nagar, Ajmer.

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----Respondents

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For Petitioner(s)	: Mr.	Rahul Agarwal, Adv.
For Respondent(s)	: Mr.	Hari Krishana Sharma, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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20/11/2024

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This Civil Writ Petition has been filed by the petitionerdefendant No.1 (for short ‘the defendant’) against the order dated 19.07.2023 passed by Civil Judge (West), Ajmer in Civil Suit No.11/2018, whereby application under Order 11 Rule 12, 14 read with Section 151 CPC filed by the defendant has been dismissed.

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Learned counsel for the defendant submits that respondent No.1-plaintiff (for short ‘the plaintiff’) filed a suit against the defendants in which defendant filed an application under Order 11 Rule 12, 14 read with Section 151 CPC for issuing direction to the plaintiff for producing so-called Will and release deed before the Court. Learned counsel for the defendant also submits that release

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deed was registered, so defendant had obtained the certified copy of the release deed but so-called Will was not registered. So, he could not get the copy of Will but trial court had committed an error in dismissing the application filed by the defendant vide order dated 19.07.2023 because plaintiff had not filed reply on affidavit that he was not in possession of the so-called Will. So, order of the trial court be set aside.

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Learned counsel for the plaintiff has opposed the arguments advanced by learned counsel for the defendant and submits that trial court rightly dismissed the application filed by the defendant on the ground that the plaintiff had already filed the documents in relation to his ownership and possession over the suit property. So, present petition filed by the defendant being devoid of merit, is liable to be dismissed.

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I have considered the arguments advanced by learned counsel for the defendant as well as learned counsel for the plaintiff and perused the impugned order.

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Trial court had committed an error in dismissing the application filed by the defendant. In my considered opinion, It was the duty of the trial court to take reply of the plaintiff on affidavit and after that, it could have passed the appropriate order. So, order dated 19.07.2023 passed by the trial court regarding application under Order 11 Rule 12, 14 read with Section 151 CPC filed by the defendant deserves to be set aside.

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The Civil Writ Petition filed by the defendant is allowed. The order dated 19.07.2023 passed by the trial court is set aside. Matter is remanded to the trial court with a direction to decide the

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application afresh after taking on record the plaintiff’s reply on affidavit.

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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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Jatin /129

Shri Prabhu Dhanwani S/O Late Shri Chuhadmal Dhanwani v. Shri Inder Kumar Dhanwani S/O Late Shri Kishanchand Dhanwani

Case brief

What is this about?

What did the court decide?

Shri Prabhu Dhanwani S/O Late Shri Chuhadmal Dhanwani v. Shri Inder Kumar Dhanwani S/O Late Shri Kishanchand Dhanwani

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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