Disposed

Noor Mohammad v. Abdul Mayum

Rajasthan HC29 Aug 2024CW/13693/2024

Case brief

AI extract

What is this about?

This writ petition challenged a lower court order that rejected marking a document during evidence without stating the objection or reasons. The High Court dismissed the petition, directing the lower court to pass a specific order clarifying the objection and reasons within three weeks, invoking its extraordinary jurisdiction without issuing notices.

What did the court decide?

The lower court directed to pass a specific order stating the objection and reasons for accepting it within three weeks.

Noor Mohammad Vs Abdul Mayum — Civil Procedure and Limitation | Rajasthan HC (2024)

¶1

[2024:RJ-JD:35632]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 13693/2024

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Noor Mohammad S/o Abdul Sattar, Aged About 65 Years, R/o Merta Road, Tehsil Merta, District Nagaur.

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Nasim Mohammad S/o Noor Mohammad, Aged About 35 Years, R/o Merta Road, Tehsil Merta, District Nagaur.

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----Petitioners

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Versus

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Abdul Mayum, R/o Behind Panchayat School, Near Bus Stand, Merta Road, District Nagaur.

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Abdul Latif S/o Abdul Munir, R/o Presently Residing At Pratap Nagar, Jodhpur.

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Hamida Bano W/o Abdul Mayum, R/o Behind Panchayat School, Near Bus Stand, Merta Road, District Nagaur.

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Sanjida Bano W/o Abdul Latif, R/o Presently Residing At Pratap Nagar, Jodhpur.

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Barkat Ali S/o Insaf Ali, R/o Laddha Colony, Jodhpur.

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Yakub Ali S/o Insaf Ali, R/o Laddha Colony, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Bhupendra Singh

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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29/08/2024

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The present writ petition has been preferred against the impugned order dated 19.07.2024 passed by Additional Civil Judge, Merta in Civil Original No.94/2018 whereby the learned Court accepted the objection as raised by learned counsel for the defendant and declined the agreement in question to be marked as exhibit during the evidence of plaintiff-Noor Mohammad being recorded.

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Learned counsel for the petitioner submits that the order does not reflect as to what was the objection raised by learned counsel for the defendant and what was the reason as to why the Court accepted the said objection.

[2024:RJ-JD:35632]

[CW-13693/2024]

(2 of 2)

Heard learned counsel for the petitioner and perused the statement of PW-1 as recorded.

¶25

A bare perusal of the same reflects of only an averment of an objection been raised on behalf of the learned counsel for the defendant and the same having been accepted, but what was the said objection and what was the reason to accept the said objection, is not reflected.

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In view of the same, the present writ petition is disposed of with a direction to learned Court below to pass a specific order pertaining to the objection as raised by learned counsel for the defendant and the reason assigning as to why the said objection was accepted.

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Let the needful be done within a period of three weeks from the receipt of the present order.

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It is needless to observe that both the parties shall be at liberty to challenge the said order, if aggrieved.

¶29

The present order has been passed by this Court without issuing notices to the respondents, in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India, keeping into consideration the fact that keeping the present petition pending after staying the further proceedings, would be against the interests of both the parties.

¶30

Stay petition and all pending applications, if any, stand disposed of .

¶31

(REKHA BORANA),J

¶32

4-T.Singh/-

Noor Mohammad v. Abdul Mayum

Case brief

What is this about?

What did the court decide?

Noor Mohammad v. Abdul Mayum

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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