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1964 Supreme(Raj) 55

TYAGI, DAVE
Sheo Dayal Sharma – Appellant
Versus
District Judge, Jaipur Distt, Jaipur – Respondent


Advocates Appeared:
C.K. Garg, for Petitioner; S.N. Prosad, for Respondent

DAVE, C.J.—This is a writ application under Arts. 226 or 297 of the Constitution of India and it arises in the following circumstances :

2. Non-petitioners No. 3 and 4 viz., Bansidhar and Ram Avtar filed a suit against petitioner Sheo Dayal Sharma in the Court of Senior Civil Judge, Jaipur Distt. Jaipur for recovery of Rs. 13,970/-. On 17.7.58, the petitioner, who was defendant in that case, presented an application before the said Court under sec. 5 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957, for staying the proceedings in the above suit on the ground that he was an agriculturist. Before this application could be disposed of, by that Court, the petitioner filed another application under sec. 6 of the said Act before the Civil Judge, Jaipur District Jaipur, which was the Debt. Relief Court. This application was presented on 4.9.1958. The Civil Judge, admitted this application and notice of the admission was given to the Court of Senior Civil Judge. On 17.9.1958 the Senior Civil Judge passed an order to the effect that intimation of the admission of application before the Debt. Relief Court having been received further proceedings in his Court be stayed. Thereafte



















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