Allowed

Sunder Lal and Anr. v. Smt Murali Devi and Ors.

Rajasthan HC21 Nov 2024CW/3325/2010

Case brief

AI extract

What is this about?

Defendants challenged trial court orders permitting the plaintiff to file a suit for cancellation of documents as a pauper. Citing a Tehsildar report showing she possessed property worth Rs. 20 lakh, the High Court set aside both orders and directed fresh decision on the pauper application.

What did the court decide?

Orders dated 22.07.2008 and 24.09.2008 set aside; trial court directed to decide the pauper application afresh.

Sunder Lal and Anr. Vs Smt Murali Devi and Ors. — Property and Title | Rajasthan HC (2024)

¶1

[2024:RJ-JP:47813]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 3325/2010

¶4

Sunder Lal S/o Late Shri Ram Chandra, Village Dattavatta, Patwar Halka Jairampura, Tehsil Amer, Distt. Jaipur.

¶5

Bhagwan Sahai S/o Late Shri Ram Chandra, Village Dattavatta, Patwar Halka Jairampura, Tehsil Amer, Distt. Jaipur.

¶6

----Petitioners

¶7

Versus

¶8

Smt. Murali Devi W/o Late Shri Prabhat, Village Dattavatta, Patwar Halka Jairampura, Tehsil Amer, Distt. Jaipur.

¶9

Nachchu Ram S/o Late Shri Ram Chandra, Village Dattavatta, Patwar Halka Jairampura, Tehsil Amer, Distt. Jaipur.

¶10

Lalaram S/o Late Shri Ram Chandra, Village Dattavatta, Patwar Halka Jairampura, Tehsil Amer, Distt. Jaipur.

¶11

Babulal S/o Late Shri Ram Chandra, Village Dattavatta, Patwar Halka Jairampura, Tehsil Amer, Distt. Jaipur.

¶12

Giriraj Kumar Agarwal S/o Shri Janki Ballabh Agarwal, Plot No.58-A, Devi Path, Moti Dungri, Jaipur.

¶13

Presiding Officer, District And Sessions Judge, Jaipur, District Jaipur.

¶14

----Respondents

¶15

For Petitioner(s) : Mr. Ragunandan Sharma For Respondent(s) : None present

¶16

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

¶17

Order

¶18

21/11/2024

¶19

This civil writ petition has been filed by the petitionersdefendants (for short ‘the defendants’) against the orders dated 22.07.2008 and 24.09.2008 passed by District and Sessions

[2024:RJ-JP:47813]

[CW-3325/2010]

(2 of 3)

Judge, Jaipur in suit No. 43/2007 titled as “Murali Devi Vs. Sundar Lal and Ors.” whereby the plaintiff has been allowed to file the suit as pauper and the suit filed by her has been registered as pauper.

¶24

Learned counsel for the defendants submits that the plaintiff filed a suit against the defendants for cancellation of the documents and permanent injunction under Section 33 CPC in which the trial Court vide order dated 22.07.2008 allowed the plaintiff to file the suit as pauper. Learned counsel for the defendants further submits that the defendants challenged the said order before the trial Court but the trial Court vide order dated 24.09.2008 also rejected the objections raised by the defendants and registered the suit filed by the plaintiff as pauper. Learned counsel for the defendants submits that the defendants filed the report of the Tehsildar (Annexure-3) in which Tehsildar mentioned that plaintiff possessed the property of Rs. 20,00,000/-. So, plaintiff does not seem to be pauper. So, the orders passed by the trial Court be set aside.

¶25

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

¶26

Defendants have submitted the report dated 21.08.2008 of the Tehsildar Amer, Jaipur in which Tehsildar mentioned that the plaintiff possessed the property of Rs. 20,00,000/-. The said suit as well as report was of the year 2008. So, in my considered opinion, trial Court has committed an error in allowing the plaintiff to file the suit as pauper. So, the orders dated 2207.2008 and 24.09.2008 passed by the trial Court are set aside and the trial Court is directed to decide the pauper application filed by the

[2024:RJ-JP:47813]

[CW-3325/2010]

(3 of 3)

plaintiff afresh after taking into consideration the facts and

¶31

circumstances of the case.

¶32

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

¶33

(NARENDRA SINGH DHADDHA),J

¶34

Tahir/261

Sunder Lal and Anr. v. Smt Murali Devi and Ors.

Case brief

What is this about?

What did the court decide?

Sunder Lal and Anr. v. Smt Murali Devi and Ors.

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

Similar cases

Hari Shankar and Ors. Vs Ashok Kumar Agarwal and Ors.

Mukesh Kumar Vs Kalu Lal

Kapoor S/O Shri Surajmal (Deceased) Vs Jagdish S/O Late Shri Kanhaiyalal Meena

Smt Usha Choudhary Vs Ladhu Ram and Others

Ram Babu and Anr. Vs Addi District Andsession Judge Andors

Rsrtc and Anr. Vs Mahaveer Prasad Jain and Ors.