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2006 Supreme(Raj) 2680

R.S.CHAUHAN
Jagdish Prasad Swami – Appellant
Versus
Ramji Lal Joshi – Respondent


Advocates Appeared:
Pradeep Kalwania, for Appellant Gaurav Gupta, for Respondent

Honble CHAUHAN, J.–The hyper-technical and the hyper- insensitive approach of the trial Court while dealing with an application under Order 9, Rule 13 of the Code of Civil Procedure (henceforth to be referred to as `the Code, for short) is forcing a defence to run from pillar to post. What could be easily tackied at the level of the trial Court is being transported to this court. Needlessly, this Court is being flooded day in day out with appeals against the rejection of application under Order 9, Rule 13 of the Code. This tide needs to be reserved, if this court is not to be overwhelmed by the rising dockets.

(2). The appellant has challenged the order dated 15.7.2006 passed by the Additional District Judge, Shahpura, District Jaipur whereby the learned Judge has rejected the application under Order 9 Rule 13 read with Section 151 of the Code.

(3). The brief facts of the case are that the plaintiff- respondent had filed a suit for recovery of Rs. 1,20,000/- against the appellant. Vide order dated 13.4.2005, the summons were issued. Vide order dated 25.5.2005, the notices were sent through Registered A.D. According to the order-sheet dated 18.7.2005, the Registered A.D. was returned












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