KAILASH CHAND S/O SHRI LAXMINARAYAN JI v. PARASMAL MERATWAL S/O LATE SHRI PADAMSINGH JI MERATWAL
CW/4733/2025 · 2025-12-16
Bipin Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43157 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43157 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:50825] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4733/2025 Kailash Chand S/o Shri Laxminarayan Ji, Thikana Shop No. 20, Meratwal Markt, Pali Bazar, Beawar, District Ajmer, R/o Diggi Mohalla, Beawar District Ajmer Rajasthan. ----Petitioner Versus Parasmal Meratwal S/o Late Shri Padamsingh Ji Meratwal, Aged About 85 Years, Manager And Karta, Joint Hindu Family Parasmal Shailendra Kumar Meratwal, Meratwal Market, Beawar District Ajmer. ----Respondent For Petitioner(s) : Mr. Mahendra Sharma For Respondent(s) : Mr. Jai Prakash Gupta with Mr. Aditya Sharma & Mr. Udaijit Rathore HON'BLE MR. JUSTICE BIPIN GUPTA
Judgment / Order 16/12/2025
1. The matter comes up on application No. 1/2025, for vacating the ad-interim stay order dated 15.04.2025.
2. With the consent of both the parties, the matter is finally heard.
3. The present writ petition has been filed assailing the order dated 19.03.2025, wherein one witness, namely, Mr. Shailender Kumar, has been permitted to give evidence as the power of attorney holder of the plaintiff.
4.
Learned counsel for the petitioner submits that the learned trial Court has erroneously granted permission to Mr. Shailender
[2025:RJ-JP:50825] (2 of 2) [CW-4733/2025] Kumar to lead evidence as plaintiff and, therefore, prays that the
order dated 19.03.2025, be quashed and set aside.
5. Per contra, learned counsel for the respondent submits that Mr. Shailendra Kumar has not been granted permission to lead evidence as plaintiff, but rather he has been permitted to lead evidence as the power of attorney holder of the plaintiff.
6. Heard.
7. It goes without saying that the learned trial Court has not permitted Mr. Shailendra Kumar to examine himself in place of plaintiff.
8. The permission granted is only to the extent that Mr. Shailender Kumar can be examined in his personal capacity as well as in his capacity as the power of attorney holder of the plaintiff. The evidentiary value of the testimony of Mr. Shailender Kumar shall be decided by the trial Court at the stage of final hearing.
9. This Court finds no reason to interfere in the order dated 19.03.2025, under Article 227 of the Constitution of India.
10. The writ petition stands dismissed.
11. All pending application(s), if any, also stand dismissed.
(BIPIN GUPTA),J PARSHANT /61