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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Dr. Justice Nupur Bhati, J
Hari Prasad Alias Kailash Prajapat – Appellant
Versus
Madhusudan Bangar – Respondent
| Table of Content |
|---|
| 1. defendant's application for amendment (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 2. court's analysis of jurisdiction (Para 11 , 12 , 13 , 14) |
| 3. writ petition dismissed (Para 15) |
Order :
1. The petitioner/defendant has preferred this writ petition under Article 227 of the Constitution of India challenging the order dated 12.11.2024 passed by learned Civil Judge, Didwana, District Didwana-Kuchaman, in Civil Suit No.46/2022, whereby application preferred by the petitioner/defendant under Order VI Rule 17 CPC has been dismissed.
2. Briefly stated, the facts of the case are that the respondents No.1 and 2 (plaintiffs) filed a suit for eviction and mesne profit against the petitioner/defendant before the learned Civil Judge, Didwana on 01.09.2019 under the provisions of the Transfer of Property Act . In the aforesaid suit, the petitioner/defendant after being served with the summons filed his written statement on 06.03.2020 while denying the averments in the suit. As per the pleadings of the parties, issues were framed.
3. During pendency of the suit, the petitioner/defendant filed an application under Order VI Rule 17 CPC on 13.09.2024 seeking to amend the written statement filed, wher
The new Rent Control Act does not apply retrospectively to pending suits, and jurisdiction is determined by the law in effect at the time of filing.
Delay in seeking amendment of pleadings post-defendant's death was unjustified, highlighting the need for diligence in civil proceedings.
A suit is maintainable despite prior withdrawal of an eviction petition if it involves distinct causes of action and statutory provisions, as clarified under CPC.
Eviction of tenant – Tenant does not have a vested right under Rent Control legislation but it has only a protective right – Such right can be withdrawn at any time.
Civil suits for eviction filed before the Rajasthan Rent Control Act's applicability remain valid and can be adjudicated by civil courts.
Since the Rent Tribunals have been given power to deal with incidental matters relating to dispute between landlord and tenant also, the case in hand, where suit for possession has been filed before ....
: Court can always lift such veil and see real purpose of filing of suit. Section 18 of the Rent Control Act of 2001 admittedly bars the jurisdiction of any Civil Court in the matters relating to ten....
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