Kanta Devi vs Shri Rameshwar Prasad - 2022 Supreme(Raj) 2812

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2812

SUDESH BANSAL
Kanta Devi – Appellant
Versus
Shri Rameshwar Prasad – Respondent

Advocates Appeared:
Mr. M.M. Ranjan Sr. Advocate with Mr. Aman Pareek Mr. Hemendra Sharma, for the Appellant; Mr. Rishi Parashar, for the Respondent.

ORDER

1. The instant revision petition has been filed under Section 115 CPC by petitioners-plaintiffs, assailing the order dated 15.7.2022 passed by the Court of Civil Judge and Metropolitan Magistrate, South, Jaipur Metropolitan-I whereby their application dated 28.5.2022 filed under Order 23 Rule 1 CPC seeking withdrawal of civil suit for eviction, has been dismissed.

2. Heard counsel for both parties, perused the impugned order and record.

3. From perusal of record, it appears that one civil suit for eviction in respect of suit property bearing Municipal No.1403 sitauted in City Jaipur, Chowkdi Vishveshwarji, Tarachand Nayabki Gali, Jaipur was filed on the ground of bonafide and reasonable necessity. Respondent-defendant Rameshwar Prasad admitted his tenancy stating that the premise was taken on rent from one Pravin Kumar son of Late Rajendra Prasad and contested the suit. During pendency of suit, petitioners-plaintiffs jointly moved one application under Order 23 Rule 1 CPC supported with affidavit of all plaintiffs stating that plaintiff No.1/1 Mahendra Kumar Agarwal, plaintiff No.1/2 Ashok Kumar Agarwal, plaintiff No.2 Smt. Sushila Devi, Plaintiff No.3 Smt. Saroj Devi have trans