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NARENDRA SINGH DHADDHA
Mahesh Chand Sharma – Appellant
Versus
Hukam Chand Sharma – Respondent
| Table of Content |
|---|
| 1. background of the appeal (Para 1) |
| 2. defendants' and plaintiff's arguments on jurisdiction and standing (Para 2 , 4) |
| 3. citations of relevant case laws (Para 3 , 5) |
| 4. court's reasoning on appeal merits (Para 6 , 7) |
| 5. dismissal of appeal (Para 8) |
JUDGMENT :
Narendra Singh Dhaddha, J.
1. Instant appeal has been preferred by the appellants-defendants (for short 'the defendants') against the judgment and decree dated 12.08.2022 passed by District Judge, Dausa in Civil Reular Appeal No. 01/2022 titled as Hukum Chand Sharma v. State of Rajasthan & Ors., whereby learned District Judge has allowed the appeal and set aside the order dated 18.11.2021 passed by learned Civil Judge, Dausa in Civil Suit No. 112/2021 titled as Hukum Chand v. State of Rajasthan & Ors.
2. Learned counsel for the defendants submits that respondent No. 1-plaintiff (for short 'the plaintiff') had filed a suit for permanent injunction before the trial court in which he alleged that defendants and perform-respondent Nos.4 and 5 are running the Gaytri Marriage Garden near Temple of 'Goddess Bhagwati' without permission. On account running of aforesaid marriage garden, noise pollution is being created and wa
The importance of properly considering objections raised under Order 7 Rule 11 CPC and the mandatory requirements of statutory notice under Section 304 of the Rajasthan Municipalities Act.
Point of law: When the guidelines is prospective, the same ought to have been considered by the Trial Court, since the suit was filed in 2019 and committed an error in passing such an order.
Civil courts lack jurisdiction over agricultural land disputes when a revenue suit is pending, and merits cannot be evaluated at the application stage under Order VII Rule 11 CPC.
The court upheld the grant of permission under Sec. 91 of CPC, emphasizing the need for reasoned and judicious exercise of the power to grant leave. The court also emphasized the requirement for the ....
The trial court must focus on the plaint's averments without considering the defendants' defense until evidence is presented.
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