S.B. Civil Writ Petition No. 14835/2013. Case: Sampat Raj Mehta Vs Board of Revenue and Ors.. Rajasthan High Court

Case NumberS.B. Civil Writ Petition No. 14835/2013
CounselFor Appellant: Mr. Manoj Bhandari, Adv.
JudgesVineet Kothari, J.
IssueCode of Civil Procedure, 1908 (CPC) - Order IX Rule 7
Judgement DateMay 22, 2014
CourtRajasthan High Court

Order:

Vineet Kothari, J.

1. The petitioner has filed the present writ petition against the order dtd. 4.6.2013, Annex. 1 passed by the learned Board of Revenue, Ajmer, whereby the learned Board of Revenue held as under:

6. The circumstances of the case evidently suggest that there has been transfer of this case very casually from one court to the other, which has potential to create confusion between the parties. In this case the notices were also not served on the petitioners-defendants individually but they were affixed on their farm house without prior approval of the Court. In view of this Court there are sufficient grounds to exercise jurisdiction vested in the trial court under Order 9 Rule 7 of the Civil Procedure Code and allow them to participate in the proceedings of the suit. In the circumstances mentioned hereinabove, the order passed by the learned trial court suffers from legal infirmity. Consequently, the revision petition filed by the petitioners succeeds. The impugned order passed by the trial court is quashed and set aside. The application filed by the petitioners under Order 9 Rule 7 of the Civil Procedure Code...

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