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Documents citing Batliboi & Co. Ltd. vs Govind Narayan And Ors. on 21 July, 1981

Jaitoon And Ors. vs Roop Chand on 14 November, 2006

15. This is one aspect of the matter. The other equally important aspect of the matter is, that it is established law right upto the Division Bench of this Court, as laid down in Batlibai & Co. Ltd. v. Govind Narayan reported in 1981 RLW 411, so also Shobh Raj v. Bhanwar Lal reported in 1974 RLW 521, that for the purpose of considering the question, as to whether, on the face of provisions of Sub-section (6), the tenant is entitled to benefit or not, all that is required to be seen is, as to whether the earlier suit, based on default, had been dismissed, on account of defendant making payment, or not, and it is not required to be established, whether in the previous suit, or in the present suit, that the defendant was a defaulter within the meaning of Section 13(1)(a), in the previous suit. In that view of the matter, it is not required to be gone into, as to whether in the previous suit, the appellant was a defaulter or not.
Rajasthan High Court - Jaipur Cites 2 - Cited by 1 - N P Gupta - Full Document

Kalu Ram Gupta vs Smt. Laxmi Devi And Anr. on 9 April, 1996

5. Learned counsel for the petitioner has also placed reliance upon the D.B. judgment of this Court in the matter of Batlibai & Co. Ltd. v. Govind Narayan reported in 1981 RLW, 411. In this case similar controversy had arisen and the learned Division Bench of this Court held that a party does not loose its right of appeal if it performs an act in accordance with the order of this Court like giving an undertaking that he will vacate the premises after the period fixed by the Court.
Rajasthan High Court - Jaipur Cites 5 - Cited by 1 - Full Document
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