SURENDRPAL S/O BABULAL v. EXECUTIVE OFFICER, NAGAR PALIKA NAGAR
CW/3399/2025 · 2025-03-07
Narendra Singh Dhaddha
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 8944 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8944 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3399/2025 Surendrpal S/o Babulal, R/o Mori Mori Mohalla, Kasba Nagar, (Bharatpur) (Rajasthan) ----Petitioner-Plaintiff Versus Executive Officer, Nagar Palika Nagar, (Bharatpur) (Rajasthan) ----Respondent/defendant For Petitioner(s) : Mr. Girish Khandelwal, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order 07/03/2025 This Civil Writ Petition has been filed by the petitioner- plaintiff (for short ‘the plaintiff’) against the order dated 11.02.2025 passed by the Senior Civil Judge No.1, Nagar, District Bharatpur in Regular Civil Suit No.72/2018, by which the trial court closed the plaintiff’s opportunity to get the agreement dated 19.10.2015 sufficiently stamped and accepted in evidence.
Learned counsel for the plaintiff submits that the plaintiff filed a suit for permanent injunction against the defendant in which the defendant filed an application before the trial court for impounding the agreement dated 19.10.2015. The trial court vide
order dated 08.08.2024 impounded the document and directed the plaintiff to obtain the agreement and return the same after getting it sufficiently stamped from DIG Stamp, Bharatpur.
Learned counsel for the plaintiff also submits that due to some unavoidable reasons, the plaintiff could not comply with the
(2 of 3) [CW-3399/2025]
order dated 08.08.2024 and the trial court vide order dated 11.02.2025 closed the plaintiff’s opportunity to get the agreement dated 19.10.2015 sufficiently stamped and observed that the agreement dated 19.10.2015 would not be admitted in evidence.
Learned counsel for the plaintiff further submits that in the interest of justice, one more opportunity be granted to the plaintiff to comply with the order dated 08.08.2024. So, the petition filed by the plaintiff be allowed and the order dated 11.02.2025 passed by the trial court be set-aside. I have considered the arguments advanced by learned counsel for the plaintiff and perused the impugned order dated
11.02.2025. It is an admitted position that on the objection of the defendant, the trial court vide order dated 08.08.2024, impounded the agreement dated 19.10.2015 and also directed the plaintiff to obtain the said agreement and return the same after getting it sufficiently stamped but the plaintiff has not complied with the
order dated 08.08.2024 passed by the trial court. Taking into consideration the facts and circumstances of the case and in the interest of Justice, I deem it fit to allow the petition filed by the plaintiff on cost. Accordingly, the petition filed by the plaintiff is allowed. The
order dated 11.02.2025 passed by the trial Court is set aside. The trial court is directed to grant only one opportunity to the plaintiff to comply with the order dated 08.08.2024 subject to payment of cost of Rs.15,000/- by the plaintiff with the District Legal Services Authority on or before next date of hearing, failing which no
(3 of 3) [CW-3399/2025] opportunity shall be granted by the trial Court to the plaintiff for complying with the order dated 08.08.2024. Pending application, if any, stand(s), disposed of.
(NARENDRA SINGH DHADDHA),J Gourav/12