LALITENDRA KUMAR BHARADWAJ v. KULDEEP BHARADWAJ S/O LATE SMT. SHANTI DEVI BHARDWAJ AND LATE SHRI VAIDH MAHAVIR PRASAD BHARDWAJ
CR/18/2025 · 2025-07-08
Narendra Singh Dhaddha
body2025
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[ 2025 DAILYLAW 2717 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 2717 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:25081] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 18/2025 Lalitendra Kumar Bharadwaj, Aged About 59 Years, S/o Smt Shanti Devi Bhardwaj And Late Shri Vaidh Mahavir Prasad Bhardwaj, R/o 8, Bhardwaj Bhawan Ambabadi, Jaipur. ----Petitioner Versus
1. Kuldeep Bharadwaj S/o Late Smt. Shanti Devi Bhardwaj And Late Shri Vaidh Mahavir Prasad Bhardwaj, Aged About 56 Years, R/o 8, Bhardwaj Bhawan, Ambabadi, Jaipur.
2. Shri Mahendra Kumar Bhardwaj, S/o Late Smt Shanti Devi Bhardwaj And Late Shri Vaidh Mahavir Prasad Bhardwaj, R/o 8, Bhardwaj Bhawan Ambabadi, Jaipur.
3. Shr Devesh Bhardwaj S/o Late Smt Shanti Devi Bhardwaj And Late Shri Vaidh Mahavir Prasad Bhardwaj, R/o 8, Bhardwaj Bhawan, Ambabadi, Jaipur.
4. Smt. Shashikala Sharma W/o Dr. Yugal Sharma, D/o Late Smt Shanti Devi Bhardwaj And Late Shri Vaidh Mahavir Prasad Bhardwaj, R/o 8, Bhardwaj Bhawan, Ambabadi Jaipur.
5. Smt Jyoti Sharma W/o Laxmandutt Sharma, D/o Late Smt Shanti Devi Bhardwaj And Late Shri Vaidh Mahavir Prasad Bhardwaj, R/o 8, Bhardwaj Bhawan, Ambabadi Jaipur.
6. Shashikanta Sharma W/o Late Suresh Chandra Sharma, S/o Late Smt Shanti Devi Bhardwaj And Late Shri Vaidh Mahavir Prasad Bhardwaj, R/o 8, Bhardwaj Bhawan, Ambabadi Jaipur.
7. Yatindra Bhardwaj S/o Late Suresh Chandra Sharma, Aged About 26 Years, Grandson Of Late Smt Shanti Devi Bhardwaj And Late Shri Vaidh Mahavir Prasad Bhardwaj, R/o 8, Bhardwaj Bhawan, Ambabadi Jaipur.
8. Paramtap Bhardwaj S/o Late Suresh Chandra Sharma, Aged About 26 Years, Grandson Of Late Smt Shanti Devi Bhardwaj And Late Shri Vaidh Mahavir Prasad Bhardwaj, R/o 8, Bhardwaj Bhawan, Ambabadi Jaipur.
9. Shri Lokesh Bhardwaj, S/o Late Smt Shanti Devi Bhardwaj And Late Shri Vaidh Mahavir Prasad Bhardwaj, R/o 8, Bhardwaj Bhawan, Ambabadi Jaipur.
10. Branch Manager, State Bank Of India, Sector-1, Vidhayadhar Nagar, Jaipur.
[2025:RJ-JP:25081] (2 of 3) [CR-18/2025]
11. Branch Manager, Bank Of Baroda, Branch-Ambabadi, Shop No. C-35-38, Ambabadi, Jaipur
12. Har Khas, And Aam ----Respondents For Petitioner(s) : Mr. Lalitendra Kumar Bhardwaj (Present in person) For Respondent(s) : Mr. Nishant Vyas, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order 08/07/2025 This civil revision petition has been filed by the petitioner against the order dated 18.10.2024 passed by District Judge, Jaipur Metropolitan-II, Jaipur in civil case No.88/2022, whereby the said Court dismissed the petitioner’s application under Order 18 Rule 17 read with Section 151 CPC. Petitioner submits that respondent Nos.2 and 3 filed an application under Section 372 of Indian Succession Act, 1925 against the petitioner as well as respondent No.1 and respondent Nos.4 to 11 in which statement of the respondent No.1-Kuldeep Bharadwaj was recorded by the trial court. At that time the petitioner requested before the trial court for cross-examination of the respondent No.1 but trial court had not granted permission for cross-examination of the respondent No.1. The petitioner further submits that petitioner filed an application under Order 18 Rule 17 read with Section 151 CPC before the trial court for giving an opportunity to cross-examine the respondent No.1 but trial court vide its order dated 18.10.2024 dismissed the application filed by the petitioner.
[2025:RJ-JP:25081] (3 of 3) [CR-18/2025] The petitioner also submits that he had right to cross- examine the respondent No.1 but trial court wrongly dismissed the application. Without cross-examining the respondent No.1, the petitioner would not be able to put his case before the trial court properly. So, order dated 18.10.2024 passed by the trial court be set aside and trial court be directed to grant an opportunity to him for cross-examining the DW-2 Kuldeep Bharadwaj.
Learned counsel for the respondent has opposed the
arguments advanced by the petitioner and submitted that trial court has rightly dismissed the application filed by the petitioner. So, the present civil revision petition filed by the petitioner being devoid of merit, is liable to be dismissed. I have considered the arguments advanced by the petitioner as well as learned counsel for the respondent. It is an admitted position that petitioner had right to cross- examine the witnesses and the trial court dismissed the application filed by the petitioner. However, in the interest of justice, I deem it just and proper to grant an opportunity to the petitioner to cross-examine the DW2-Kuldeep Bharadwaj. So,
order dated 18.10.2024 passed by the trial court is deserves to be set aside. Accordingly, the petition filed by the petitioner is allowed. The order dated 18.10.2024 passed by the trial Court is set aside and the trial Court is directed to grant only an opportunity to the petitioner for cross-examination of DW2-Kuldeep Bharadwaj. Pending application(s), if any, pending, stands disposed of.
(NARENDRA SINGH DHADDHA),J AVINASH GULERIA /54