Dismissed

Junior Engineer v. Raju Kanwar

Rajasthan HC8 Jul 2024CW/9901/2024

Case brief

AI extract

What is this about?

A writ petition challenging the Additional District Judge's rejection of a belated application for filing a written statement under Order 8 Rule 1 read with Section 151 CPC. The High Court upheld the Trial Court's view that the stated reasons were insufficient to allow the belated filing.

What did the court decide?

The writ petition was dismissed. Stay application and all pending applications were disposed of.

Junior Engineer Vs Raju Kanwar — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JD:27433]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 9901/2024

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Junior Engineer, Jodhpur Vidhyut Vidhyut Vitran Nigam Limited, Gramin 5 M.c. Rajiyasar, Tehsil Suratgarh.

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Assistant Engineer, Jodhpur Vidhyut Vidhyut Vitran Nigam Limited, Suratgarh.

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Executive Engineer, Jodhpur Vidhyut Vidhyut Vitran Nigam Limited, Suratgarh.

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Superintending Engineer, Jodhpur Vidhyut Vidhyut Vitran Nigam Limited, Sriganganagar.

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Jodhpur Vidhyut Vidhyut Vitran Nigam Limited, Through Chairman, Jodhpur Vidhyut Vidhyut Vitran Nigam Limited, Jodhpur, Rajasthan.

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----Petitioners

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Versus

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1. Raju Kanwar S/o Late Kumersingh, Caste Rajput, Resident Of Bileu Bas, Rampura Tehsil Sardarshahar, District Churu, Raj.

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Naresh Kanwar D/o Late Kumer Singh, Minor Through Natural Guardian Mother Raju Kanwar Wife Of Late Kumer Singh, Caste Rajput, Resident Of Bileu Bas, Rampura, Tehsil Sardarshahar, District Churu, Rajasthan.

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Ajaypal @ Arvind S/o Kumer Singh, Minor Through Natural Guardian Mother Raju Kanwar Wife Of Late Kumer Singh, Caste Rajput, Resident Of Bileu Bas, Rampura, Tehsil Sardarshahar, District Churu, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Raj Kumar Gehlot

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HON'BLE MS. JUSTICE REKHA BORANA Order

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08/07/2024

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The present writ petition has been preferred against the order dated 20.01.2024 passed by the Additional District Judge, Suratgarh in Case No.10/2018 whereby the application under Order 8 Rule 1 read with Section 151, CPC as preferred by the defendants has been rejected.

[2024:RJ-JD:27433]

[CW-9901/2024]

(2 of 2)

Learned counsel for the petitioners submits that one last opportunity to file written statement ought to have been granted to petitioner-defendants and the application as preferred ought to have been allowed.

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Heard learned counsel for the petitioners and perused the order impugned.

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A bare perusal of the order impugned makes it clear that opportunity to file written statement of the defendant was closed on 16.01.2019. Subsequent to that, even the claimant/plaintiff’s evidence was led and even PW1-Raju Kanwar was crossexamined. It is only after a period of more than four years i.e. on 25.08.2023, the application was preferred for opportunity to file written statement.

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Further, the only reason assigned for not filing the written statement earlier was that the officers of the Department were busy.

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In the specific opinion of this Court, the reason as assigned can, in no terms, be said to be a reasonable, just or sufficient cause. Learned Trial Court rightly rejected the application as preferred by the petitioner-Department.

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This Court is not inclined to interfere in the order impugned and the writ petition is hence, dismissed .

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

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(REKHA BORANA),J

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8-T.Singh/-

Junior Engineer v. Raju Kanwar

Case brief

What is this about?

What did the court decide?

Junior Engineer v. Raju Kanwar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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