Disposed

Om Prakash Gupta v. Ballu Singh S/O Late Shri Mansingh Rawat and Late Smt. Shanti Devi

Rajasthan HC7 Mar 2025CR/7/2025

Case brief

AI extract

What is this about?

This revision petition challenges a trial court order where a suit filed under Order 37 CPC was treated as an ordinary suit. The High Court found a procedural error and remanded the matter for compliance with Order 37 CPC.

What did the court decide?

Disposed of the revision petition with directions to the trial court to follow the procedure of Order 37 of CPC in the light and spirit.

Om Prakash Gupta Vs Ballu Singh S/O Late… — Civil Procedure and Limitation | Rajasthan HC (2025)

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[2025:RJ-JP:10392]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Revision Petition No. 7/2025

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Om Prakash Gupta, Aged About 58 Years, H. No. 32/847, Shankar Bhawan, Srinagar Road, Ajmer, Rajasthan-305001.

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----Petitioner

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Versus

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Ballu Singh S/o Late Shri Mansingh Rawat And Late Smt. Shanti Devi, Bhairav Mandir Ke Aage, Dhawan School Ke Pehle Wali Gali, Kalyanipura, Ajmer, Rajasthan-305002. Also at, Dinesh Home Furnishing, C/o Shiv Ganga Ice Factory, Near HDFC Bank, Adarsh Nagar, Ajmer, Rajasthan-305002

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----Respondent

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For Petitioner(s) : Mr. Sumit through VC for Mr. Vikram Singh Panwar

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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07/03/2025

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Aggrieved from order dated 25.09.2024 in civil suit No.52/2024 by learned Additional District Judge No.5, Ajmer, the instant revision petition is preferred by the petitioner-plaintiff.

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Learned counsel for the petitioner submits that the plaintiff has filed a suit under Order 37 of CPC but learned trial court without following the procedure as prescribed under Order 37 of CPC has proceeded as if the plaint is filed under Order 7 Rule 1 of CPC. He further submits that the defendant has failed to appear within ten days after notice of appearance under Order 37 Rule 2 of CPC but learned trial Court has entertained an application filed under Order 37 Rule 3 of CPC to allow defendant a leave to defend the suit instituted under Order 37 of CPC

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[2025:RJ-JP:10392]

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[CR-7/2025]

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Having considered aforesaid, it appears that the grievance of the petitioner is non-observance of procedure as prescribed under Order 37 CPC. The trial Court may be under some confusion or otherwise, has failed to consider the provision under Order 37 CPC, in the instant matter.

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The instant revision petition stands disposed of at this stage with direction to the trial Court to follow and observe procedure as prescribed under Order 37 CPC in ‘letter and spirit’. No deviation from the procedure as prescribed under Order 37 CPC is permissible under the law.

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In view of aforesaid, revision petition is disposed of with pending application, if any.

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(ASHOK KUMAR JAIN),J

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MR/16

Om Prakash Gupta v. Ballu Singh S/O Late Shri Mansingh Rawat and Late Smt. Shanti Devi

Case brief

What is this about?

What did the court decide?

Om Prakash Gupta v. Ballu Singh S/O Late Shri Mansingh Rawat and Late Smt. Shanti Devi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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