[2025:RJ-JD:31187]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 681/2008 Pushp Chand ----Appellant Versus Smt.madhuRathi ----Respondent For Appellant(s) : Mr. Nishant Shah For Respondent(s) : Mr. C.P. Soni HON'BLE MR. JUSTICE ARUN MONGA

Order

Reportable

16/07/2025

1. Under challenge before this court is an order dated 01.05.2008 passed by Additional District Judge (Fast Tract) No.3, Jodhpur in Civil Misc. Case No.13/2008, vide which, two separate applicationsi.e. one filed by respondent Nos.1 (co-plaintiff in the suit) and the other by respondent no.3(another co-plaintiff in the suit), both under Order 9 Rule 9 read with Section 151 CPC were allowed.

2. Since the controversy has already been succinctly summed up in an earlier order dated 28.05.2025 passed by this Court, for ease of reference the same is reproduced hereinbelow:-

“1. Applicant Before this court seeks revival of his appeal, which was earlier withdrawn as infructuous way back on 05.07.2010 by order of this court. He is one of the defendants in the civil suit originally instituted by co-plaintiff-respondent No.1 herein– Madhu Rathi (plaintiff) before the competent civil court at Jodhpur, wherei