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Rajasthan High Court - Jaipur

Smt Geeta Devi Wife Of Shri Mukesh Garg, ... vs Badan Singh Son Of Shri Inderjeet Singh on 26 July, 2018

Author: Alok Sharma

Bench: Alok Sharma

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No.15142/2018

Smt Geeta Devi Wife Of Shri Mukesh Garg, By Caste Vaishya,
Resident Of Pai Bagh, Bharatpur
                                                             ----Petitioner
                                  Versus
1.       Badan Singh Son Of Shri Inderjeet Singh, Since Deceased
         Through Lrs
1/1.     Shailendra Kumari Wife Of Shri Mahaveer Singh By Caste
         Jat , Resident Of Ahmedpur, Aligarh, Uttar Pradesh
1/2.     Shri   Kulvendra     Singh   S/o   Late   Shri    Jagpal   Singh,
         Grandson Of Late Shri Badan Singh Ji, By Caste Jat,
         Resident Of Pai Bagh, Bharatpur
1/3.     Titu Choudhary S/o Late Shri Haricharan Singh Ji,
         Grandson Of Late Shri Badan Singh, Will Holder , By
         Caste Jat, Resident Of Pai Bagh, Bharatpur
2.        Shri Haricharan Singh S/o Late Shri Badan Singh, By
          Caste Jat, Resident Of Pai Bagh, Bharatpur

                                                          ----Respondents

For Petitioner(s) : Mr.Mohit Khandelwal on behalf of Ms.Anita Agarwal.

HON'BLE MR. JUSTICE ALOK SHARMA Order 26/07/2018 Heard the counsel for the petitioner-defendant (hereinafter 'defendant') and perused the impugned order dated 29.05.2018 whereby the trial court has invoked Order 6 Rule 18 CPC to disallow the belated filing of the written statement by the defendant. In so doing trial court has placed relevance on the earlier judgment of this court reported in AIR 2003 Raj. 313, (2 of 2) [CW-15142/2018] Darshan Singh Versus Kewal Krishna And Another. Besides more importantly the perusal of the impugned order, indicates that the case of the petitioner is at the stage of the final disposal.

In the overall view of the facts of the case, I cannot bring this court to exercise its supervisory jurisdiction under Article 227 of the Constitution of India in this petition as prayed for.

The petition is accordingly dismissed.

(ALOK SHARMA),J Karan/81 Powered by TCPDF (www.tcpdf.org)