Partly allowed

Shanti Lal Prajapat S/O. Late Shri Ram Chandra Ji Prajapat v. Gopesh S/O. Late Shri Ganpatlal Ji

Rajasthan HC11 Dec 2024CW/684/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan set aside two orders of the Additional District and Sessions Judge, Ajmer, which dismissed a review application and an application under Order 11 Rule 12 CPC. The Court directed the trial court to decide the summons application after obtaining affidavits from the respondents.

What did the court decide?

Orders dated 20.07.2018 and 14.12.2018 set aside; trial court directed to decide application under Order 11 Rule 12 CPC after obtaining affidavit.

Shanti Lal Prajapat S/O. Late Shri Ram… — Civil Procedure and Limitation | Rajasthan HC (2024)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 684/2019

¶3

Shanti Lal Prajapat S/o. Late Shri Ram Chandra Ji Prajapat, Aged About 69 Years, R/o. Behind Arya Samaj Mandir, Madanganj-Kishangarh, District Ajmer.

¶4

Mohan Lal S/o. Late Shri Ram Chandra Ji Prajapat, Aged About 66 Years, R/o. Sundar Nagar, Beawar, District Ajmer.

¶5

Smt. Kamla D/o. Late Shri Ram Chandra Ji Prajapat, W/o. Shri Govardhan Ji Prajapat, Aged About 71 Years, R/o. Dhan Mandi, Dargah Bazar, Ajmer.

¶6

----Petitioners

¶7

Versus

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Gopesh S/o. Late Shri Ganpatlal Ji, By Caste Prajapat, R/o. B-704, Prestige Tower, Near Judges Bungalow, Bodakdev, Ahmadabad (Gujarat).

¶9

Suresh Kumar Prajapat S/o. Late Shri Ganpatla Prajapat, Aged About 70 Years, R/o. Infront Of Shani Mandir, Delhi Gate, Ajmer, Second Address Kesari Colony, Adarsh Nagar, Ajmer.

¶10

Bhawani Shankar S/o. Late Shri Ganpatlal Ji Prajapat, Aged About 68 Years, By Caste Prajapat, R/o. A-402, Royal Tower, Sector 61, Noida ( U.p.)

¶11

Geeta D/o. Late Shri Ganpat Lal Ji, W/o. Shri Giriraj Ji, By Caste Prajapat, R/o. Basera Colony, Dayal Bagh, Agra.

¶12

Smt. Shanti Devi Prajapat W/o. Late Sh. Yogesh Chandra, Aged About 71 Years, By Caste Prajapat, R/o. 147/40, New Kesari Colony, Adarsh Nagar, Ajmer

¶13

Brajesh Prajapat S/o. Late Shri Yogesh Chandra, Grandson Of Late Ganpat Lal Ji, Aged About 52 Years, By Caste Prajapat, R/o. 147/40, New Kesari Colony, Adarsh Nagar, Ajmer, At Present R/o. 45/type-V, Telicom Colony, Bajaj Nagar, Jaipur

¶14

Mahesh Prajapat S/o. Late Shri Yogesh Chandra, Grandson Of Late Ganpat Lal Ji, Aged About 46 Years, By Caste Prajapat, R/o. 147/40, New Kesari Colony, Adarsh Nagar, Ajmer

¶15

Sarvesh Prajapat S/o. Late Shri. Yogesh Chandra,

¶16

(2 of 4)

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[CW-684/2019]

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Grandson Of Late Ganpat Lal Ji, By Caste Prajapat, R/o. 147/40, New Kesari Colony, Adarsh Nagar, Ajmer

¶19

Rajesh Kumar Prajapat S/o. Late Shri Dhanpat Lal Ji @ Lalchand Prajapat, R/o. In Front Of Shani Mandir, Delhi Gate, Ajmer, Second Address Sanwariya General Store, Ahead Of Pancholi Chauraha, Near Bhairuji Temple, Ram Nagar Ajmer, Third Address In Front Of Mangalam Complex, Near Pink Garden, Ahead Of Kotda, Ajmer.

¶20

Smt. Pushpa Prajapat D/o. Late Shri Dhanpatlal Ji @ Lalchand Ji, W/o. Shri Vijendra Prajapat, R/o. Shahpura Mohallah, Chaman Chauraha, Beawar.

¶21

Sultan S/o. Not Known (Namalum), By Caste Muslim, R/o. Tamanna Guest House, Near Shani Mandir, Delhi Gate, Ajmer.

¶22

Liyakat S/o. Not Known (Namalum), By Caste Muslim, R/o.tamanna Guest House, Near Shani Mandir, Delhi Gate, Ajmer.

¶23

Shyamlal S/o. Madanlal, By Caste Khandelwal, R/o. Dahi Doodh Ki Dukan, Near Shani Mandir, Delhi Gate, Ajmer.

¶24

Mohandas S/o. Naraindas, R/o. Jai Ambey Bartan Bhandar, Inform Shani Mandir, Delhi Gate, Ajmer.

¶25

Babu Motwani S/o. Chhataram, By Caste Sindhi, R/o. Fancy Store, In Front Of Shani Mandir, Delhi Gate, Ajmer.

¶26

Vasdev S/o. Chatarumal, By Caste Sindhi, R/o. House No. 134, Balaji Nagar, Makadwli Road, Vaishali Nagar, Ajmer.

¶27

Dilip Kumar S/o. Chatarumal, By Caste Sindhi, R/o. House No. 137, Balaji Nagar, Makadwli Road, Vaishali Nagar, Ajmer.

¶28

Ajeet S/o. Chatarumal, By Caste Sindhi, R/o. House No. 137, Balaji Nagar, Makadwli Road, Vaishali Nagar, Ajmer.

¶29

Ramesh Tilwani S/o. Shri Kishan Chand Tilwani, By Caste Sindhi, R/o. House No. 1210/18, Shanti Nagar, Ajmer.

¶30

Sumit Meghani S/o. Shri Ramesh Chand Meghani, By Caste Sindhi, R/o. House No. 110/31, Parbrahama Colony, Sukhadiya Nagar, Ajmer.

¶31

Yogesh Agarwal S/o. Shri Ghanshyam Ji Agarwal, By Caste Agarwal, R/o. Village Nanwa Mithdi, District Nagaur.

¶32

Smt. Jaya Manglani W/o. Shri Suresh Manglani, By Caste

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(3 of 4) [CW-684/2019]

¶34

Sindhi, R/o. House No. 24/17, Mundadi Mohallah, Ajmer.

¶35

Vikky Manglani S/o. Sh. Vasumal Ji Manglani, By Caste Sindhi, R/o. House No. 24/17, Mundadi Mohallah, Ajmer.

¶36

Kishore Soni S/o. Shri Narayan Das Ji, By Caste Sindhi, R/o. Dargah Bazar, Ajmer.

¶37

Nagar Nigam, Ajmer, Through Its Commissioner.

¶38

Sub Registrar Second, Registrar Office, Ajmer.

¶39

State Of Rajasthan, Through District Collector, Ajmer.

¶40

----Respondents

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For Petitioner(s) : Mr. Vikas Jain, Adv. For Respondent(s) : Mr. Rahul Agarwal, Adv.

¶42

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

¶43

Order

¶44

11/12/2024

¶45

By way of this petition, the petitioners have challenged the order dated 14.12.2018 passed by the Additional District & Sessions Judge No.3, Ajmer in Civil Miscellaneous Case No.56/2018, whereby the application filed by the petitioners for review of the order dated 20.07.2018 has been dismissed. The petitioners have also challenged the order dated 20.07.2018 passed by the Additional District & Sessions Judge No.3, Ajmer in Civil Suit No.05/2014 titled as “Shantilal Prajapat & Ors. Vs. Gopesh & Ors.”, by which the application filed by the petitioners under Order 11 Rule 12 CPC for summoning the documents from defendant Nos.11 and 12 has been dismissed.

¶46

Learned counsel for the petitioners submits that the trial court dismissed the application filed by the petitioners under Order

¶47

[CW-684/2019]

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(4 of 4)

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11 Rule 12 CPC without obtaining the affidavit of the defendant Nos.11 and 12.

¶50

In view of the above, the orders dated 20.07.2018 and 14.12.2018 passed by the trial court are set-aside. The trial court is directed to decide the application filed by the petitioners under Order 11 Rule 12 CPC after obtaining the affidavit of the defendant Nos.11 and 12.

¶51

The present petition stands disposed of.

¶52

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

¶53

(NARENDRA SINGH DHADDHA),J

¶54

Gourav/295

Shanti Lal Prajapat S/O. Late Shri Ram Chandra Ji Prajapat v. Gopesh S/O. Late Shri Ganpatlal Ji

Case brief

What is this about?

What did the court decide?

Shanti Lal Prajapat S/O. Late Shri Ram Chandra Ji Prajapat v. Gopesh S/O. Late Shri Ganpatlal Ji

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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