Dismissed¶37

Shivdevi D/O Shri Sahab Singh W/O Shri Heera Singh v. Dashrath S/O Man Singh

Article 227 – Framing of additional issue

Rajasthan HC2 May 2025CW/6649/2025

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Case brief

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What is this about?

S.B. Civil Writ Petition No. 6649/2025, Rajasthan HC Jaipur, Justice Vinod Kumar Bharwani, 02/05/2025: Shivdevi (deceased) through LR Bablu @ Mahipal v. Dashrath and 13 respondents; Article 227 writ challenge to Judicial Magistrate, Bhusawar's 27.03.2025 refusal to frame additional limitation issue via Order 14 Rule 5 & 151 C.P.C. application in Suit No.19/2019; trial-court order upheld as reasoned and free of error; petition dismissed.

What did the court decide?

None granted to the petitioner; pending application(s), if any, also stand disposed of. ¶37

Shivdevi D/O Shri Sahab Singh W/O Shri Heera… — Writ and Judicial Review | Rajasthan HC (2025)

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[2025:RJ-JP:18558]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 6649/2025

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Shivdevi D/o Shri Sahab Singh W/o Shri Heera Singh, R/o Sainik Nagar Rajpur Chungi Agra (Uttarpradesh) Since Deceased Through Her LRs Bablu @ Mahipal S/o Heera Singh Age About 50 Years Old R/o Sainik Nagar Rajpur Chungi, Agra (Uttarpradesh)

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----petitioner-defendant

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Versus

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Dashrath S/o Man Singh, R/o Salempur Kalan Tehsil Bhusawar District Bharatpur

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Vishnu S/o Man Singh, R/o Salempur Kalan Tehsil Bhusawar District Bharatpur

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Bhagwani Widow Man Singh, R/o Salempur Kalan Tehsil Bhusawar District Bharatpur

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Devendri D/o Man Singh W/o Balveer, R/o Salempur Kalan At Present R/o Bharkau Tehsil Nadbai District Bharatpur

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Rajesh S/o Man Singh W/o Roopram, R/o Bharkau Tehsil Nadbai District Bharatpur

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Mu.suman Widow Kuldeep, R/o Kasganj Road Nadbai Tehsil Nadbai District Bharatpur

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Sukhdev S/o Maharaj Singh, R/o Kasganj Road Nadbai Tehsil Nadbai District Bharatpur

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Ruchi D/o Kuldeep, R/o Kasganj Road Nadbai Tehsil Nadbai District Bharatpur

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Gurudeep S/o Kuldeep, R/o Kasganj Road Nadbai Tehsil Nadbai

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Sonu S/o Kuldeep, R/o Kasganj Road Nadbai Tehsil Nadbai

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Aakash S/o Late Brijesh, R/o Sainik Nagar Rajpur Chungi, Agra (Uttarpradesh)

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Priya D/o Late Brijesh, R/o Sainik Nagar Rajpur Chungi, Agra (Uttarpradesh)

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Annu D/o Late Brijesh, R/o Sainik Nagar Rajpur Chungi, Agra (Uttarpradesh)

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Lata W/o Late Brijesh, R/o Sainik Nagar Rajpur Chungi, Agra (Uttarpradesh)

----Respondents

[2025:RJ-JP:18558]

[CW-6649/2025]

(2 of 3)

For petitioner: Mr. T.C. Vyas defendant(s)

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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02/05/2025

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The present civil writ petition under article 227 of the Constitution of India has been preferred on behalf of the petitioner-defendant for quashing & setting aside the order dated 27.03.2025 passed by the Court of learned Judicial Magistrate, Bhusawar, District Bharatpur, whereby the miscellaneous application filed by the petitioner-defendant under Order 14 Rule 5 & 151 of C.P.C. for framing additional issue in Suit Proceeding No.19/2019 titled as Dashrath & Ors. v. Shivdevi & Ors., was dismissed.

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Learned counsel for the petitioner-defendant submits that on 07.03.2017, learned Trial Court framed total five issues in the matter but issue regarding limitation was not framed. Learned counsel further submits that in view of the overall facts & circumstances of the case, an additional is required to be framed with regard to limitation in the matter.

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Heard learned counsel for the petitioner-defendant & gone through the impugned order dated 27.03.2025 and other material available on record.

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Perusal of the impugned order dated 27.03.2025 reveals that the Learned Trial Court, after considering all the facts, has passed a reasoned order, which is just & proper. No illegality, infirmity or

(3 of 3)

[2025:RJ-JP:18558]

[CW-6649/2025]

error has been committed by the learned Trial Court in the aforesaid order dated 27.03.2025. Hence, there is no scope for interference in the aforesaid order in the limited writ jurisdiction under Article 227 of the Constitution of India.

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Consequently, the present writ petition is dismissed.

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Pending application(s), if any, also stands disposed of.

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(VINOD KUMAR BHARWANI),J

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SAHIL SONI /39

Shivdevi D/O Shri Sahab Singh W/O Shri Heera Singh v. Dashrath S/O Man Singh

Case brief

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Shivdevi D/O Shri Sahab Singh W/O Shri Heera Singh v. Dashrath S/O Man Singh

Case brief

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