Dismissed¶28

Buddhiprakash S/O Shri Kalyan Baksh v. Jugal Kishore Natani S/O Late Shri Ramjeevan Ji Natani

Rajasthan HC9 Apr 2026CW/6316/2026

Case brief

AI extract

What is this about?

Buddhiprakash v. Jugal Kishore Natani & others; Rajasthan High Court, Jaipur Bench; S.B. Civil Writ Petition No. 6316/2026; Justice Bipin Gupta; decided 09/04/2026; Order 14 Rule 5 CPC; Section 151 CPC; Article 227 Constitution of India; framing/amendment of issue; counter-claim as precondition; Civil Suit No.41/2025; order dated 24.02.2026; writ petition dismissed.

What did the court decide?

Such an issue in favour of the defendant cannot be framed until and unless there is a counter-claim by the defendant along with his reply. ¶27

Buddhiprakash S/O Shri Kalyan Baksh Vs Jugal… — Writ and Judicial Review | Rajasthan HC (2026)

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[2026:RJ-JP:14776]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 6316/2026

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Buddhiprakash S/o Shri Kalyan Baksh, Aged About 85 Years, R/o Plot No. 444, Bandri Ka Nasik, Subhash Chowk, Jaipur.

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----Petitioner-defendant No.1

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Versus

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1 Jugal Kishore Natani S/o Late Shri Ramjeevan Ji Natani, R/o Plot No. 1, Panchwati Colony, Jhotwara, Jaipur.

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respondent No.1/plaintiff

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2 Shankar Lal Dangayach S/o Shri Rameshwar Prasad Dangayach, R/o Plot No. 11, Chitrakoot Colony, Kalwar Road, Jhotwara, Jaipur. (Deceased During Pendency Of Suit)

¶10

2/1 Rajkumar, S/o Late Shankar Lal Dangayach

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2/2 Anil Kumar, S/o Late Shankar Lal Dangayach

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2/3 Smt. Meena Devi D/o Late Shankar Lal Dangayach, Respondents No. 2/1 To 2/3, R/o Plot No. 11, Chitrakoot Colony, Kalwar Road, Jhotwara, Jaipur. Another AddressG-1/56, Sneha Residency, Shrirampuri, Niwaru Road, Jhotwara, Jaipur (Raj.)

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3 Bhairav Grah Nirman Sahakari Samiti Ltd., Through Chairman, Regd. No. 3122/l, Govindpura, Kalwar Road, Jaipur. Another Address- Time Square, Meyal Panther Hoisters Academy, Third Floor, Vidhyadhar Nagar, Jaipur.

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----Respondents No.2/1 to 2/3 & 3/ Defendants 2/1 to 2/3 & 3

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For Petitioner(s) : Mr. Mohammed Anees For Respondent(s) :

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HON'BLE MR. JUSTICE BIPIN GUPTA

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Judgment / Order

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09/04/2026

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The present writ petition has been filed assailing the order dated 24.02.2026, passed by learned Additional Civil Judge and Judicial Magistrate, No.3, Jaipur Metropolitan-II in Civil Suit

[2026:RJ-JP:14776]

[CW-6316/2026]

(2 of 2)

No.41/2025, whereby the application filed by the defendantpetitioner under Order 14 Rule 5 CPC read with Section 151 CPC for amendment in the issue, which has been rejected.

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Learned counsel for the petitioner wants to frame an issue which reads as under:

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" आयापततवादीजवाबवादपतकीमदसंखा१०मेउलेखखत वादगसभूतमसेवादीकाअवैधअततकमणहटवानेकाअतधकारीहै साथहीवादगसजगहकोवादीहसांतरण , बेचाननहींकरे , पाबंध करवानेकाअनुतोषपापकरनेकाअतधकारीहै। "

¶26

Considered.

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This Court finds that such an issue in favour of the defendant cannot be framed until and unless there is a counter-claim by the defendant along with his reply. Therefore this Court finds no error so as to call for any interference in its writ jurisdiction under Article 227 of the Constitution of India.

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Hence, the present writ petition is dismissed.

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All pending application(s), if any, shall stand disposed of.

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(BIPIN GUPTA),J

¶31

JUBIN /5

Buddhiprakash S/O Shri Kalyan Baksh v. Jugal Kishore Natani S/O Late Shri Ramjeevan Ji Natani

Case brief

What is this about?

What did the court decide?

Buddhiprakash S/O Shri Kalyan Baksh v. Jugal Kishore Natani S/O Late Shri Ramjeevan Ji Natani

Case brief

What is this about?

What did the court decide?

What the court decided

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