Disposed

Ajay Sharma v. Smt. Monika Jaithliya

Rajasthan HC8 Jul 2024CW/9782/2024

Case brief

AI extract

What is this about?

The Court disposed of the writ petition challenging the rejection of a defendant's application under Order 8 Rule 10 CPC. It directed the trial court to take the belated written statement on record if filed on the next date, subject to payment of Rs. 10,000 as cost to the plaintiff.

What did the court decide?

Direction to take written statement on record if filed on next date with deposit of Rs. 10,000 as cost to plaintiff.

Ajay Sharma Vs Smt. Monika Jaithliya — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JD:27421]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 9782/2024

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Ajay Sharma S/o Late Radheshyam Sharma, Aged About 28 Years, C-3312 Viveka Nand Nagar, Bhilwara.

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Smt. Geeta Devi W/o Late Radheshyam Sharma, Aged About 53 Years, C-3312 Viveka Nand Nagar, Bhilwara.

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----Petitioners

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Versus

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Smt. Monika Jaithliya W/o Ashok Kumar Jaithliya, Aged About 50 Years, 17/125 Nayee Shyam Ki Shabji Mandi, Bhilwara, Through The Power Of Attorney Holder Shri Madhan Prakash S/o Bhanwar Lal Jaithliya, Resident Of C-315, Viveka Nand Nagar, Bhilwara.

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----Respondent

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For Petitioner(s) : Mr. N.K. Rastogi

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HON'BLE MS. JUSTICE REKHA BORANA Order

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08/07/2024

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The present petition has been preferred against order dated 02.05.2024 passed by District Judge, Bhilwara whereby the application under Order 8 Rule 10 read with Section 151 of the Code of Civil Procedure as preferred by the defendants has been rejected.

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On 20.03.2024, opportunity to file written statement of defendant Nos.1 & 2 was closed by the learned Trial Court. An application under Order 8 Rule 10, CPC was hence, filed by them with a prayer to take the written statements as annexed with the application on record.

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The learned Trial Court, while deciding the said application, observed that no written statement whatsoever, was annexed with the application and hence, no further opportunity could be granted to the defendants to file the written statement.

[2024:RJ-JD:27421]

[CW-9782/2024]

(2 of 2)

Learned counsel for the petitioners submits that in the interest of justice, one last opportunity be granted to the petitioners and he undertakes that on the next date fixed, the written statement would definitely be filed by defendant Nos.1 & 2.

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In the overall facts, the present writ petition deserves to be disposed of at this stage itself as no purpose would be served by issuing notices to the respondent or by staying the further proceedings in the suit as that would be detrimental to the respondent-plaintiff herself.

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The writ petition is hence, disposed of with the direction that if the written statement is filed by defendants Nos.1 & 2 on the next date fixed, the learned Trial Court shall take the same on record and proceed further. If written statement is not filed on the next date fixed, no further opportunity whatsoever would be granted to defendant Nos.1 & 2.

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Petitioner-defendant Nos.1 & 2 would be under a liability to pay Rs.10,000/- (Rupees Ten Thousand Only) as cost to the plaintiff. The cost be deposited before the learned Trial Court on the very next date and on depositing, the same be paid to the plaintiff.

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If the cost as directed is not deposited on the next date, the present order shall cease to exist and the written statement, even if filed by defendant Nos.1 & 2, shall not be taken on record and the learned Trial Court shall be free to proceed further.

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(REKHA BORANA),J

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6-T.Singh/-

Ajay Sharma v. Smt. Monika Jaithliya

Case brief

What is this about?

What did the court decide?

Ajay Sharma v. Smt. Monika Jaithliya

Case brief

What is this about?

What did the court decide?

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