Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 17659 (RAJ)

SMT TRIAPTI MAHAWAR W/O ASHU MAHAWAR D/O ASHOK DATA v. ASHU MAHAWAR S/O MEHAR CHAND GUPTA

CR/92/2023 · 2025-07-21

Narendra Singh Dhaddha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:27044] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 92/2023 Smt Triapti Mahawar W/o Ashu Mahawar D/o Ashok Data, R/o Arg B-802, Arg Royal Ensine Old Station Road, Alwar. ----Petitioner Versus 1. Ashu Mahawar S/o Mehar Chand Gupta, R/o Auto In- fotech 2 Manu Marg, Alwar District Alwar 2. Virendra Sharma S/o Banwari Lal, R/o C-3A 97 A Janakpuri New Delhi-58. 3. Krishankant Sharma S/o Durgaprasad Sharma, R/o C- 3A97A, Janakpuri New Delhi-58. 4. Dalsher S/o Kalli, R/o Village Samola Tehsil Alwar District Alwar. 5. Jawar Khan S/o Kalli, R/o Village Samola Tehsil And Dis- trict Alwar. 6. Arg Royal Ensine Developers Pvt Limited Nirwan Garden, Old Station Road, Alwar Through Authorised Signatory/ manager Arg Royal Ensine Developers Pvt Ltd Alwar ----Respondents For Petitioner(s) : Mr. M M Ranjan, Sr. Adv. assisted by Mr. Lokesh Tiwari, Adv. For Respondent(s) : HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 21/07/2025 This civil revision petition has been filed petitioner-defendant (for short 'the defendant') against the order dated 19.04.2023 passed by Additional District & Sessions Judge No. 3, Alwar (for short 'the trial Court') in suit No. 34/31/22 titled as "Aashu Vs. Tripti Mahawar", whereby the application filed by the defendant has been dismissed. [2025:RJ-JP:27044] (2 of 2) [CR-92/2023] Learned counsel for the defendant submits that respondent No. 1- plaintiff (for short 'the plaintiff') filed a civil suit for declaration against the defendant and respondent Nos. 2 to 6 in which defendant filed an application under Order VII Rule 11 CPC mentioning therein that plaintiff had not paid sufficient court fess. So, suit filed by the plaintiff be dismissed but the trial Court vide order dated 19.04.2023 wrongly dismissed the application filed by the defendant. So, the petition filed by the defendant be allowed. I have considered the arguments advanced by learned counsel for the defendant and perused the impugned order. The trial Court while dismissing the application filed by the defendant observed that objections raised by the defendant with regard to court fees would be decided after evidence of the parties. So, in my considered opinion, the trial Court had not committed any error in dismissing the application. Therefore, the revision petition filed by the defendant is disposed of. However, the defendant will be at liberty to raise all the objections, as raised in this petition, before the trial Court in her written statement. Pending application(s), if any, stands disposed of. (NARENDRA SINGH DHADDHA),J Tahir/26