Ajay Rai v/s Kashi Yadav
So much so since parties in both the suits are different otherwise
also the first basic test that both the cases should be between the same parties
is also not met herein. I need not dwell further on this point. Nothing has been
stated during the course of arguments as to the fate of the said suit or otherwise
as to how the said suit had any bearing in the facts of the present case. This
issue is decided in favour of the plaintiff and against the defendant.
5.1 It was submitted on behalf of the applicant / defendant
no. 1 that the applicant was not having good terms with his father and
due to this reason summons received by the father of the applicant was
not served upon the applicant. Specific court query was put to the
applicant to show the material in support of his contention regarding bad
relations between him and his father. The applicant did not give any
specific answer. He stated that there was dispute between him, his father
Order M. No. 142/19Sanjay Kumar Vs. Gulzari Lal @ Gulab & Anr. Page..... 4/10
and his brothers. The applicant wanted to construct one room over the
roof of the third floor. Father of the applicant refused to give permission
by saying that everyone else has equal space and there was no need for
defendant no. 1 to have extra space. Electricity meter for the floor
occupied by the applicant is separate. Upon court query, the applicant
submitted that he has not installed any name plate or separate letter box
for indicating that he is residing on the third floor of the said property.
With regard to the application under Section 5 of Limitation Act, it was
stated that due to bad health, he could not approach the counsel and the
present application could not be filed within the statutory period.
5.2 It was submitted on behalf of the DH / nonapplicant that
in para no. 4 of the application, the applicant submits that his father was
bedridden for last three years and he is died on 21.04.2019. This is a
false claim since the process server served the summons on the father of
the applicant on 31.05.2017. No documents have been filed about the
medical health / illness of father of the applicant. The applicant came to
know about the exparte decree on 19.03.2019 but the application was
filed on 20.07.2019.
1. It is the case of the plaintiff that he is working as a Sr.
Technician, DSEU, Wazirpur, Delhi residing at RZF-30A,
West Sagarpur, Delhi-110046 and the defendant is working
at Sir Ganga Ram Hospital, Rajender Nagar, Delhi. It is
Digitally signed
CS SCJ No. 942/22 Sanjay Kar vs. Pinky Devi by SHRUTI 1/8
CHAUDHARY
SHRUTI
CHAUDHARY Date:
13. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of case No. 908 of 2022 (Abhishek Kumar Rai Vs. Pooja Rai) under Section 13 of the Hindu Marriage Act pending in the Court of Principal Judge Family Court Azamgarh is transferred to Family Court at Mau. The Family Court Azamgarh is directed to transmit the records of case No. 908 of 2022 to the Family Court, Mau. The Family Court Mau is directed to decide the case No. 908 of 2022 under Section 13 of Hindu Marriage Act expeditiously affording opportunity of hearing to the parties.
(i) Petition filed by respondent - husband under Section 9 of the
Hindu Marriage Act, 1955, titled as "Sanjay Vs. Ramesh Devi",
pending in the Court of Learned Principal Judge, Family Court,
Ganaur, is transferred to a Court of competent jurisdiction
within Sessions Division Kaithal.
21. The petitioner also places reliance on the decision of
Supreme Court in Popat Bahiru Govardhane etc v.
Special Land Acquisition Officer & Anr, (2013) 10 SCC
765 to contend that where a period of limitation has been
provided, it cannot be condoned unless there is a provision
for the same. The decision relied upon by the petitioner is
on the point that the period of limitation for filing
application under Section 28A of the Land Acquisition Act,
1894 is three months from the date of award and the same
cannot be condoned. The said judgment does not apply to
the facts of the present case as the question raised in the
present case is not of condonation of delay but pertains to
whether the inquiry proceedings before the ICC will vitiate
after the inquiry of stipulated period of 90 days. Therefore,
the benefit of the said decision will not enure to the
petitioner.
During the
pendency of the present case the said case has been
decided in favour of the defendant which is civil suit No.
16517/16, titled as Ajay Rai Vs. Kashi Yadav decided on
06.08.2022, vide which the plaintiff has been held entitled
to recovery of Rs. 8,85,713/- (Rupees Eight Lakh Eight
Five Thousand Seven Hundred Thirteen Only) alongwith
6% per annum pendente-lite and future interest by the
court of Sh. Sumit Dass, Ld. ADJ-04, South West, Dwarka,
Delhi.
37. So far as the last submission advanced on behalf of the non -selectees is
concerned, it is to be stated that this Court in the case of Sanjay Kumar vs.
B.P.S.C. (supra) in paragraph 26 observed as follows:
37. So far as the last submission advanced on behalf of the non -selectees is
concerned, it is to be stated that this Court in the case of Sanjay Kumar vs.
B.P.S.C. (supra) in paragraph 26 observed as follows: