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2025 Supreme(Raj) 2673

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHOK KUMAR JAIN
Ram Gupta, son of Shri Kunj Behari Agarwal – Appellant
Versus
Arjun Lal, son of Shri Gyarsi Lal Dhobi – Respondent


Advocates Appeared:
For the Petitioners: Mr. Dinesh Yadav with Mr. Mahendra Verma and Mr. Ankit Kumar
For the Respondents: Mr. R.K. Daga with Mr. Rahul Chauhan & Mr. Pankaj Soni

ORDER :

ASHOK KUMAR JAIN, J.

1. The instant Civil Miscellaneous Application is preferred by the appellant-plaintiff for restoration of S.B. Civil Second Appeal No.76/2020 titled as ‘ Ram Gupta Vs. Arjun Lal ’ which was dismissed in abatement on 02.12.2024, after setting aside abatement.

2. By this order, we are also disposing of Application Nos.1/2025, 2/2025 and CMCC No.567/2025.

3. Learned counsel for the applicant submitted that applicant- appellant-plaintiff has preferred a Second Appeal No.76/2020 after dismissal of First Appeal No.19/2007 on 21.10.2019 by learned Additional District Judge No.3, Jaipur Metropolitan, Jaipur. He further submitted that initially, the present appellant-plaintiff has filed a suit for eviction, determination of standard rent and permanent injunction against tenant Arjun Lal (since deceased) on ground of default in payment of rent and personal and bona fide need but the suit was dismissed by the trial Court. He further submitted that the Appellate Court without considering the legal issues has also dismissed the first appeal under Section 96 of CPC. He further submitted that aggrieved from said judgment, he has preferred the second appeal which was pe

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