Rajasthan High Court - Jodhpur
Ravina vs Leela Devi @ Laxmi @ Lichwa on 15 September, 2022
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10974/2022
Ravina W/o Sh. Vishnu, Aged About 21 Years, R/o Bhopalpura,
Tehsil Suratgarh, District Sri Ganganagar (Raj.).
----Petitioner
Versus
1. Leela Devi @ Laxmi @ Lichwa W/o Late Sh. Hansraj, R/o
Bhopalpura, Tehsil Suratgarh, District Sri Ganganagar At
Present R/o Chak 16 S.L.D. (Silwani), Tehsil Suratgarh,
District Sriganganagar.
2. Vishnu S/o Late Sh. Bhupram, R/o Bhopalpura, Tehsil
Suratgarh, District Sri Ganganagar.
3. Sudhir Kumar S/o Late Sh. Bhupram, R/o Bhopalpura,
Tehsil Suratgarh, District Sri Ganganagar.
4. Manta @ Manju D/o Late Sh. Bhupram, R/o Bhopalpura,
Tehsil Suratgarh, District Sri Ganganagar.
5. Kanta D/o Late Sh. Bhupram, R/o Chak 14 M.L.D., Tehsil
Gharsana, District Sri Ganganagar.
6. Samta D/o Late Sh. Bhupram, R/o Ward No. 9, Hijrasar,
Tehsil Suratgarh, District Sri Ganganagar.
7. Smt. Mamta D/o Late Sh. Bhupram W/o Sh. Ramesh
Kumar, R/o Hijrasar, Tehsil Suratgarh, District Sri
Ganganagar.
8. Smt. Lichma W/o Late Sh. Bhupram, R/o Bhopalpura,
Tehsil Suratgarh, District Sri Ganganagar.
9. Bhagwanti Devi W/o Late Sh. Ramrakh, R/o Bhopalpura,
Tehsil Suratgarh, District Sri Ganganagar.
10. Somadevi W/o Sh. Omprakash, R/o Bhopalpura, Tehsil
Suratgarh, District Sri Ganganagar.
11. Nirma W/o Sh. Rajendra, R/o Bhopalpura, Tehsil
Suratgarh, District Sri Ganganagar.
12. Vashpati Devi W/o Sh. Ram Kumar, R/o Bhopalpura,
Tehsil Suratgarh, District Sri Ganganagar.
----Respondents
For Petitioner(s) : Mr. B.S. Sandhu
Mr. S.K. Shreemali
For Respondent(s) : Mr. Aakash Kukkar
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(2 of 2) [CW-10974/2022]
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order 15/09/2022 This writ petition has been filed by the petitioner being aggrieved with the order dated 14.07.2022 passed by the Civil Judge, Suratgarh, District Sri Ganganagar (hereinafter to be referred as 'the court below'), whereby the application filed by the petitioner under Order XXXII Rule 8 of CPC has been dismissed.
The court below has observed that as the petitioner has failed to provide details about the proposed next friend and also failed to furnish affidavit in support of her application according to the Order XXXII Rule 8(2) of CPC, her application under Order XXXII Rule 8 CPC is not liable to be accepted.
This Court is of the opinion that, since the details regarding next friend has not been provided and the application under Order XXXII Rule 8 CPC has not been supported by affidavit, the court below has not committed any illegality in passing the impugned order.
Hence, there is no force in this writ petition and the same is hereby dismissed.
However, if any application is filed by the petitioner before the court below meeting the requirements of Order XXXII Rule 8 CPC, the court below shall consider and decide the same strictly in accordance with law.
Stay petition also stands dismissed.
(VIJAY BISHNOI),J Abhishek Kumar S.No.146 (Downloaded on 15/09/2022 at 11:26:16 PM) Powered by TCPDF (www.tcpdf.org)