The High Court disposed of a writ petition challenging an order dismissing an application under Order 7 Rule 11 CPC, noting the suit was instituted 12 years prior. Instead of interfering, the court granted liberty to raise objections before the trial court.
Disposed with liberty to raise objections before the trial Court.
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[2025:RJ-JP:11657]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14364/2013
Rajasthan Gaud Sanadya Brahmin Sabha, Dausa, District Dausa. Through President Kailash Chand Sharma, Shilmand Pada, Khari Kothi Mohalla, Dausa, Tehsil Dausa, District Dausa, Rajasthan.
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. Poonam Chand Sharma,Adv. |
|---|---|
| For Respondent(s) | : Mr. J.P. Goyal, Sr. Adv with |
| Mr. Siddharth Singh,Adv. |
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
12/03/2025
By way of this petition, the petitioner has challenged the order dated 07.06.2013 passed by Additional District and Sessions Judge, Dausa, District Dausa in civil suit No.25/2013 whereby the said court dismissed the petitioner’s application under Order 7 Rule 11 CPC.
Taking into consideration the facts and circumstances of the case and more particularly in view of the fact that the suit was instituted before the trial Court in the year 2013 and 12 years have been passed therefrom, instead of interfering with the
[CW-14364/2013]
[2025:RJ-JP:11657]
(2 of 2)
impugned order, the present petition filed by the petitioner is disposed of with liberty to petitioner(s) to raise all the objections, as raised in this petition, before the trial Court at the appropriate stage of trial.
Pending application(s), if any, stand(s), disposed of.
(NARENDRA SINGH DHADDHA),J
AVINASH GULERIA /141
1 issue framed by the court
Whether the petition challenging the dismissal of an application under Order 7 Rule 11 CPC should be entertained after a lapse of 12 years?
1 provisions across 1 enactments
Rajasthan Gaud Sanadya Brahmin Sabha, Through President Kailash Chand Sharma
Babulal
Smt. Kaushallya Devi
Ramsingh
State Of Rajasthan Through Collector, Dausa
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
