Rajasthan High Court - Jaipur
State Of Raj And Ors vs Naresh Kumar Jaiman on 20 March, 2013
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. CIVIL WRIT PETITION NO.5244/2006 (State of Rajasthan & Ors. Vs. Naresh Kumar Jaiman) Date of Order : 20th March, 2013 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.Shikha Parnami for Mr.S.N.Kumawat,AAG] Mr.M.F.Baig, Dy.GC ], for the petitioner/s. Mr.Mahendra Shah, for the respondent/s. BY THE COURT:
By this writ petition, challenge is made to the order dated 18.04.2006 and 23.04.2004. The orders aforesaid were passed on application under Section 39 Rule 1 and 2 of CPC. The challenge to the order was made by maintaining an appeal, however, it was dismissed. Vide the impugned order, a direction has been given to appoint plaintiff-non-petitioner with all consequential benefits.
Learned counsel for the petitioner submits that by virtue of interim order, main relief of the suit itself is granted whereas petitioners are contesting the pending suit. The evidence of the parties is yet to be led, thus directions of the nature exists herein are not tenable because interim order cannot be of the nature, which grants final relief to the parties, accordingly it may be set aside.
Learned counsel for the respondent/s, on the other hand submits that denial of appointment to the plaintiff-non-petitioner was on hyper technical ground, thus impugned orders were rightly passed. In case, it is set aside for one or other ground, a direction be given to decided the suit expeditiously.
I have considered the submissions made by learned and perused the record.
The perusal of impugned orders reveals final relief to the plaintiff by interim order. The final relief can be granted only after adjudication of the suit. In view of above, the interim order accepting application under Order 39 Rule 1 and 2 of CPC cannot be allowed to stand. The plaintiff cannot be directed to give appointment by interim order, rather such an order can be passed after determination of all the issues in the suit.
Accordingly, the impugned orders are set aside. The trial Court is, however, directed to expedite the proceeding and to decide the suit at the earliest. Both the parties are directed to cooperate with the Court below accordingly.
With the aforesaid, the writ petition stands allowed.
(M.N. BHANDARI), J.
S/No.10 Preety, Jr.P.A. All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Preety Asopa Jr.P.A.