Rajasthan High Court - Jaipur
Purushottam Lal Son Of Shri Charan Singh vs Jitendra Goyal Son Of Om Prakash Goyal on 13 December, 2022
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Review Petition (Writ) No. 185/2022
In
S.B. Civil (Misc.) Writ Petition No.6115/2022
Purushottam Lal Son Of Shri Charan Singh
----Petitioner
Versus
Jitendra Goyal Son Of Om Prakash Goyal & Ors.
----Respondents
For Petitioner(s) : Mr. Nripendra Sinsinwar For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 13/12/2022 For the reasons stated in the application No.221/2022 filed under Section 5 of Limitation Act seeking condonation of delay in preferring the review petition, the same is allowed. Delay in preferring the review petition is condoned.
This review petition has been filed for reviewing and recalling an order dated 11.07.2022 passed by this Court in S.B. Civil Writ Petition No.6115/2022 whereby, the writ petition preferred by the review petitioner against the order passed in a temporary injunction application was dismissed on account that he was neither a party in the temporary injunction application nor, in the civil suit.
Learned counsel for the review petitioner submits that the learned trial Court has impleaded him as a defendant in the suit vide order dated 27.07.2021; but, the order has been stayed by this Court vide order dated 16.02.2022 in S.B. Civil Writ Petition No.2091/2022 which is still subjudice. He submits that (Downloaded on 15/12/2022 at 12:21:42 AM) (2 of 2) [WRW-185/2022] this fact could not be brought to the notice of this Court which resulted into dismissal of his writ petiton. He, however, prays that the review petition be allowed, the order dated 11.07.2022 dismissing his writ petition be reviewed and recalled.
Heard. Considered.
Taking into consideration the contentions advanced by learned counsel and the material on record, this Court deems it just and proper to allow the review petition.
The review petition is allowed accordingly. The order dated 11.07.2022 is recalled. The writ petition is restored to its original number.
(MAHENDAR KUMAR GOYAL),J Satyendra/92 (Downloaded on 15/12/2022 at 12:21:42 AM) Powered by TCPDF (www.tcpdf.org)