Disposed

Smt. Sheela Bairwa D/O Shri Shibhu@ Shibhu W/O Shri Dilmohan v. Heeralal S/O Shri Khairati

Rajasthan HC8 Aug 2024CW/1739/2024

Case brief

AI extract

What is this about?

High Court of Rajasthan disposed of a writ petition challenging an order dismissing an application to treat certain issues as preliminary under Order 14 Rules 2 & 5 CPC, granting liberty for fresh application.

What did the court decide?

Permission granted to file a fresh application under Order 14 Rule 5 CPC to frame fresh or amended issues in place of issues No.1 and 2.

Smt. Sheela Bairwa D/O Shri Shibhu@ Shibhu… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:33895]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1739/2024

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Smt. Sheela Bairwa D/o Shri Shibhu@ Shibhu W/o Shri Dilmohan, Aged About 48 Years, R/o Ramgarh. At Present Residing At House No. 2119, N.h.3. Near Banga Chowk, Nehru Colony, Old Faridabad, Haryana-121001

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Bhuriala @bhura S/o Shri Shibhu @shibbu, R/o House No. D-1109, J J Colony, Shiv Vihar, D.k. Mohan Garden, Uttam Nagar, Dwarka-West, New Delhi - 110059. (Deceased Through Legal Representatives)

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2/1. Rajini W/o Late Shri Bhura Singh @ Bhurilal, Aged About 40 Years, R/o C-167, J. J. Colony, Shiv Vihar Vikas NagarWest, Delhi- 110059

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2/2. Ajay S/o Late Shri Bhura Singh @bhurilal, Aged About 16 Years, Through Natural Guardian R/o Plot No. 19, Bheem Enclave, Vikas Nagar, Uttam Nagar Near Jain D.k. Mohan Garden West Delhi- 110059

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2/3. Ritu D/o Late Shri Bhura Singh @bhurilal W/o Shri Rakesh, Aged About 19 Years, R/o M-504, J.j. Colony, Savda, Gheoura North West Delhi- 110081

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2/4. Lakshay S/o Late Shri Bhura Singh @bhurilal, Minor Through Mother Rajni, R/o West Delhi- 110059

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Ashok S/o Shri Shibhu @shibbu, R/o Ramgarh. At Present Residing At House No. E-2, Gali No.7, Uttam Nagar Vikas Nagar, Dwarka, New Delhi.

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----Petitioners/Plaintiffs

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Versus

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Heeralal S/o Shri Khairati, Aged About 80 Years, R/o Ramgarh, Tehsil Mahwa, District Dausa- 321608.

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----Respondent/Defendant No.1

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Ramprasad S/o Shri Shimbhu @shibbu, Aged About 51 Years, R/o Ramgarh. At Present Residing At House No. S- 15/198, J.k. Camp, Near Chawla Hotel, Okhla Phase-2, New Delhi-110020

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Soma @ Asha Devi D/o Kamla And Ramjilal, Aged About 29 Years, R/o D-123, Pushpa Bhawan, D-Block, Ambedkar Nagar, New Delhi-110062

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Suman D/o Kamla And Ramjilal W/o Sonu, Aged About 23

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[2024:RJ-JP:33895]

[CW-1739/2024]

Years, R/o House No. 56, Gali No.6, R.g. Complex Camp, T-Hat, Sadh Nagar Part-2, Palam Colony, Near Garment Dispensary, Village Palam South West Delhi-110045

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Soniya D/o Kamla And Ramjilal W/o Monu, Aged About 25 Years, R/op House No. 56, Gali No.6, R.g. Complex Camp, T-Hat, Sadh Nagar Part-2, Palam Colony, Near Garment Dispensary, Village Palam South West Delhi- 11045

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Kishore S/o Kamla And Ramjilal, Aged About 27 Years, R/o House No. C-135, Sanjay Colony, Okhala Phase-2, New Delhi-110020

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Sonu S/o Kamla And Ramjilal, Aged About 21 Years, R/o House No. C-135, Sanjay Colony, Okhala Phase-2, New Delhi-110020

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Kalu S/o Shimbhu @shibbu, Aged About 40 Years, R/o Ramgarh, Tehsil Mahwa. At Present Resident Of Near Toll Plaza, Devnarayan Tea Thadi, Sikandara, Tehsil Sikandara, District Dausa (Rajasthan)

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Sub Registrar, Sub Registrar Office Mahwa

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State Of Rajasthan, Through District Collector, Dausa

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----Proforma Respondents/Defendant No.2 to 10

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For Petitioner(s) : Mr. O.P. Aggrawal Mr. Laxmikant Sharma For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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08/08/2024

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Instant writ petition has been filed under Article 227 of the Constitution of India by petitioners-plaintiffs, feeling aggrieved by the interim order dated 02.01.2024 passed in Civil Suit No.69/2022 titled ‘ Sheela Bairwa Vs. HeeraLal and Ors.’ by the Court of Civil Judge, Mahwa, District Dausa whereby and whereunder the application filed by plaintiffs under Order 14 Rule 2 and 5 CPC has been dismissed.

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[2024:RJ-JP:33895]

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Heard counsel for petitioners and perused the record.

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Counsel for petitioners contends that issues No.5 and 7 be treated as preliminary issues and be decided accordingly. These issues reads as under:-

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“5 आया वादीगण का वादप्ቔ ममय़याददቀ बाहर हह५नो सो कामबलो खाररजी है?

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7- आया वादीगण का वादप्ቔ कह५रो फቊॠस को अअभाव मय़व कामबलो खाररजी है?”

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The trial Court has observed that both issues require evidence and can be decided after recording evidence of parties along with the other issues. This Court does not find any perversity much less jurisdictional error in not treating both these issues as preliminary issues and same do not fall within the purview and scope of Order 14 Rule 2 CPC, hence, to this extent the prayer of plaintiff has rightly been rejected.

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Counsel for petitioners contends that issues No.1 and 2 need to be modified and these issues are required to be re-framed, considering the prayer made in the suit. However, counsel for petitioners does not dispute that in the application, petitioners have not proposed the amended issues sought to be framed in place of issues No.1 and 2, therefore, counsel for petitioners seeks permission to file afresh application under Order 14 Rule 5 CPC.

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Permission is granted.

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Petitioners-plaintiffs are at liberty to move afresh application under Order 14 Rule 5 CPC, proposing to frame the fresh or amended issues in place of issues No.1 and 2, in order to adjudicate the dispute involved in the present suit effectively and judiciously. In case, any such application is filed, trial Court shall decide the same in accordance with law, without being influenced

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[2024:RJ-JP:33895]

[CW-1739/2024]

by dismissal of the application under Order 14 Rule 5 CPC of the plaintiffs vide order dated 02.01.2024.

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Accordingly, the instant writ petition stands disposed of with the aforesaid liberty and observation.

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Stay application and any other pending application(s), if any, stands disposed of.

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A copy of this Order be sent to the trial Court.

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(SUDESH BANSAL),J

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SOURAV /16

Smt. Sheela Bairwa D/O Shri Shibhu@ Shibhu W/O Shri Dilmohan v. Heeralal S/O Shri Khairati

Case brief

What is this about?

What did the court decide?

Smt. Sheela Bairwa D/O Shri Shibhu@ Shibhu W/O Shri Dilmohan v. Heeralal S/O Shri Khairati

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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