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BALJEET versus HUBB LAL & ORS

High Court of Rajasthan

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BALJEET v HUBB LAL & ORS - CW Case No. 331 of 2005 [2007] RD-RJ 3224 (9 July 2007)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

ORDER

S.B. CIVIL WRIT PETITION NO. 331/2005

BALJEET Vs. HUBB LAL & ORS.

Date: 09.08.2007.

HON'BLE MR. JUSTICE K.S. RATHORE

Mr. Prashant Chahar for

Mr. Biri Singh for the petitioner.

Mr. Ranvir Singh for the respondents.

****

The only controversy in this writ petition is that the defendant-petitioner has not been able to file reply within the stipulated period and has filed after expiry of 90 days as provided in the Statutes. Thus, the right of filing reply by the defendant-petitioner has been closed.

This Court vide ex parte interim order dated 19.01.2005 stayed further proceedings.

Having considered the rival submissions of the respective parties, as discretion has not rightly been exercised by the Court below to provide one chance to file reply even after expiry of 90 days, therefore, in the interest of justice, I deem it proper to provide one chance to the defendant-petitioner to file reply on the next date fixed by the trial Court subject to payment of Rs. 3,000/- as cost, failing which the impugned order dated 01.11.2004 passed by the Civil

Judge (Jr. Division) & Judicial Magistrate, First

Class, Nagar, District Bharatpur shall remain in force.

With these observations, the writ petition stands disposed of. The interim order dated 19.01.2005 granted by this Court also stands vacated.

(K.S. RATHORE),J. /KKC/


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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