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2025 DAILYLAW 29915 (HP)

NITYA NAND v. RAJENDER KUMAR

CMP/27639/2025 · 2025-11-20

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Nitya Nand v. Rajender Kumar CMP No.27639 of 2025 in CMPMO No.166 of 2024 20.11.2025 Present: Mr. Het Ram, Advocate, for the petitioner. This is a disposed of matter. A communication has been received from the learned Senior Civil Judge, Shimla, which reads as under:- “I have the honour to refer to registry letter No. 17148 dated 18.08.2025 vide which a copy of order/Judgment dated 12.08.2025 passed by Hon'ble High Court of H.P. in CMPMO No. 166/2024, titled as 'Nitya Nand Vs Rajender has been received in the office of this Court. Vide aforesaid order (para 9) direction has been passed to the effect that let Civil Suit no. 97-K/1 of 2021 titled as Rajender Kumar versus Nitya Nand pending at Kandaghat be consolidated with Civil Suit No. 49 of 2022 titled as 'Rajender Kumar versus Nitya Nand' which is presently pending in the Court of learned Civil Judge (Senior Division) and let both these cases be heard by the Court of learned Civil Judge (Senior Division) at Shimla. In this regard, it is humbly submitted that no such case titled as 'Rajender Kumar Vs Nitya Nand Civil Suit No. 49 of 2022 is pending in this Court. Whereas on inquiring on CIS it has transpired that a Civil Suit titled as 'Rajender Kumar Vs Nitva Nand is pending before the Court of learned Civil Judge, Court No. 3, Shimla, H.P. and fixed for 04.09.2025 for written statement, but number of that case is not 49 of 2022 as mentioned above rather its number is 49 of 2020.” In the light of the contents of this communication, this application is disposed of with the observation that learned District Judge, Shimla shall ensure that both the Civil Suits, which finds reference in the judgment passed by this Court are listed before learned Civil Judge, Senior Division, Shimla and if there is a discrepancy in the number of the Civil Suits in the judgment passed by this Court, the same shall not come in the way of the learned District Judge in ordering the listing of the Civil Suits bearing the correct number before the learned Judge concerned. (Ajay Mohan Goel) Judge November 20, 2025 (Vinod)