GULAB CHAND S/O SHRI NANDRAM, ADOPTED SON OF KUSHAL v. MISHRI LAL S/O SHRI KALYAN
CW/4240/2025 · 2025-04-01
Narendra Singh Dhaddha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12084 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12084 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:14513] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4240/2025
1. Gulab Chand S/o Shri Nandram, Adopted Son Of Kushal, Aged About 53 Years, R/o 3616-3619 Basanwalo Ka Mohalla, Kothi Koliyan, Ghatgate Chokdi Topkhana Huzuri, Jaipur Rajasthan
2. Om Prakash S/o Shri Nandram, Aged About 32 Years, R/o 3616-3619 Basanwalo Ka Mohalla, Kothi Koliyan, Ghatgate Chokdi Topkhana Huzuri, Jaipur Rajasthan
3. Brijmohan S/o Shri Nandram, Aged About 32 Years, R/o 3616-3619 Basanwalo Ka Mohalla, Kothi Koliyan, Ghatgate Chokdi Topkhana Huzuri, Jaipur Rajasthan ----Petitioners Versus Mishri Lal S/o Shri Kalyan, Aged About 52 Years, R/o House No. 3618, Basanwalo Ka Mohalla, Kothi Koliyan, Ghatgate Chokdi, Topkhana Huzuri, Jaipur ----Respondent For Petitioner(s) : Mr. Saurabh Sharma For Respondent(s) :
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order 01/04/2025 This civil writ petition has been filed by the petitioners- plaintiffs (for short ‘the plaintiffs’) against the order dated 21.01.2025 passed by Additional Civil Judge and Judicial Magistrate No.2, Jaipur Metropolitan-II in case No.2826/21, whereby the trial Court closed the plaintiffs’ opportunity to adduce evidence.
Learned counsel for the plaintiffs submits that the plaintiffs filed a suit for permanent injunction against the respondent-
[2025:RJ-JP:14513] (2 of 2) [CW-4240/2025] defendant (for short ‘the defendant’) in which due to unavoidable reasons, plaintiffs could not adduce evidence before the trial Court on 21.01.2025 and the trial Court vide order dated 21.01.2025 closed their opportunity to adduce the evidence. So, in the interest of justice, the order dated 21.01.2025 passed by the trial Court be set aside and one more opportunity may be given to the plaintiffs for adducing the evidence before the trial Court. I have considered the arguments advanced by learned counsel for the plaintiffs and perused the impugned order. It is an admitted position that despite numerous opportunities having been given, plaintiffs could not adduce the evidence before the trial Court. So, their evidence was closed. In the interest of justice, I deem it just and proper to grant one opportunity to the plaintiffs to adduce the evidence at the cost of Rs.20,000/-. Accordingly, petition filed by the plaintiffs is allowed. The
order dated 21.01.2025 passed by the trial Court is set aside and the trial Court is directed to grant one opportunity to the plaintiffs for adducing the evidence, subject to payment of cost of Rs.20,000/- by the plaintiffs to the defendant on or before the next date of hearing, failing which no further opportunity shall be granted by the trial Court to the plaintiffs for adducing the evidence. Pending application(s), if any, stands disposed of.
(NARENDRA SINGH DHADDHA),J RITU/24