Dismissed

Jeetmal Jain (Dhaberiya) H.U.F. S/O Parasmal Jain (Dhaberiya) v. Prakash Chand Chopra S/O Late Shri Jeetmal Chopra

Rajasthan HC8 Apr 2025CR/111/2024

Case brief

AI extract

What is this about?

Single judge of the Rajasthan High Court dismissed a civil revision petition filed under Section 115 CPC. The High Court held that objections regarding a plaintiff's readiness and willingness under a specific performance suit do not fall under Order 7 Rule 11 CPC and must be decided after evidence recording.

What did the court decide?

The civil revision petition was dismissed with no costs.

Jeetmal Jain (Dhaberiya) H.U.F. S/O Parasmal Jain… — Specific Performance | Rajasthan HC (2025)

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[2025:RJ-JP:15597]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Revision Petition No. 111/2024

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Jeetmal Jain (Dhaberiya) H.u.f. S/o Parasmal Jain (Dhaberiya), R/o Nehar Mohalla, Kadakka Chowk, Ajmer Presently Residing At Near Kamal Nursery, Ram Nagar, Pushkar Road, Ajmer (Raj.).

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----Petitioner

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Versus

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Prakash Chand Chopra S/o Late Shri Jeetmal Chopra, R/o Chopra Mansion, Lakshmi Chowk, Ajmer (Raj.).

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----Respondent

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For Petitioner(s)	: Mr.	Prawal Mishra
	Mr.	Naman Sirvi
	Mr.	AjaySingh
For Respondent(s)	: Mr.	Lalit Kishore Joshi

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 08/04/2025

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This civil revision petition has been filed by the petitionerdefendant (for short ‘the defendant’) under Section 115 of CPC against the order dated 06.09.2022 passed by the Additional District and Sessions Judge No.3, Ajmer whereby the application filed by the defendant under Order 7 Rule 11 CPC has been dismissed.

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Learned counsel for the defendant submits that the respondent-plaintiff (for short ‘the plaintiff’) filed a suit against the defendant for specific performance of the agreement dated 07.01.2016 in which the defendant filed an application under Order 7 Rule 11 CPC to the effect that the plaintiff was not ready and willing to perform the terms of the so-called agreement, so the suit filed by the plaintiff be dismissed but the trial Court vide order dated 06.09.2022 dismissed the application filed by the defendant. Learned counsel further submits that the trial Court

[2025:RJ-JP:15597]

[CR-111/2024]

(2 of 2)

had committed an error in dismissing the application filed by the defendant. So, the order dated 06.09.2022 passed by the trial Court be set aside and the suit filed by the plaintiff be dismissed.

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Learned counsel for the plaintiff has opposed the arguments advanced by learned counsel for the defendant and submitted that the trial Court has rightly dismissed the application filed by the defendant for the reason that the grounds mentioned in the application did not fall within the purview of Order 7 Rule 11 CPC. Objections raised by the defendant regarding readiness and willingness would be decided in the suit after recording the evidence of the parties. So, the trial Court has rightly dismissed the application filed by the defendant. So, the present petition being devoid of merit, is liable to be dismissed.

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

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It is an admitted position that objection raised by the defendant that the plaintiff was not ready and willing to perform the terms of the compromise did not fall under the purview of Order 7 Rule 11 CPC and the trial Court rightly observed that the issue regarding readiness and willingness would be decided in the suit after recording the evidence of the parties. So, in my considered opinion, the trial Court has rightly dismissed the application filed by the defendant. So, the present civil revision petition being devoid of merit, is liable to be dismissed, which stands dismissed accordingly.

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

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(NARENDRA SINGH DHADDHA),J

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Ritu/52

Jeetmal Jain (Dhaberiya) H.U.F. S/O Parasmal Jain (Dhaberiya) v. Prakash Chand Chopra S/O Late Shri Jeetmal Chopra

Case brief

What is this about?

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Jeetmal Jain (Dhaberiya) H.U.F. S/O Parasmal Jain (Dhaberiya) v. Prakash Chand Chopra S/O Late Shri Jeetmal Chopra

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