Petitioner challenged rejection of his Section 47 CPC application to lead evidence opposing execution for rent arrears, claiming cash payment of arrears. The High Court left the disputed fact to the Executing Court and directed decision of the application within four months on affidavits.
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[2025:RJ-JP:31914]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3736/2025
Vimal Todi S/o Late Sh. G.d. Todi, Resident Of Plot No. 45, Barmeej Colony, Sethi Colony Ke Pass, Jaipur.
----Petitioner
Versus
Chandra Prakash Paliwal S/o Mahant Late Sh. Ganeshram Paliwal, Resident Of Plot No. 9, Shripaliwal Plaza, Rajasthali Ke Pass, Ajmeri Gate, M.i. Road, Jaipur, Rajasthan.
----Respondent
| For Petitioner(s) | : Mr.Satish Chandra Mittal |
|---|---|
| For Respondent(s) | : Mr.Abhimanyu Singh Yaduvanshi |
JUSTICE ANOOP KUMAR DHAND
Order
14/08/2025
[2025:RJ-JP:31914]
[CW-3736/2025]
(2 of 3)
Rs.5,00,000/- would be paid as arrears to the respondents. Counsel submits that in terms of the same, a demand draft was prepared, but the same was not accepted by the respondents, hence, the amount was paid in cash by the petitioner, but in spite of above, the execution application has been submitted by the respondents for getting arrears of rent. Counsel submits that at this stage, an application under Section 47 CPC was submitted raising objections wherein a prayer was made by the petitioner to allow him to lead evidence, but the prayer for leading evidence has been declined by the Executing Court vide impugned ordr dated 20.01.2025 hence, the petitioner has approached this Court by way of filing this writ petition.
(3 of 3)
[2025:RJ-JP:31914]
[CW-3736/2025]
(ANOOP KUMAR DHAND),J
Aayush Sharma /40
1 issue framed by the court
Whether the Executing Court erred in rejecting the petitioner's application under Section 47 CPC to lead evidence on his claim that arrears were paid.
3 provisions across 2 enactments
Vimal Todi
Chandra Prakash Paliwal
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
