Advocates:
['G P SHARMA', 'J P GOYAL', '', 'G K GARG', 'ARVIND SONI']

1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH, JAIPUR

J U D G M E N T

(Mohan Lal & Anr. Vs. Dwarka Prasad & Ors.)

S.B. Civil Regular First Appeal No. 123/2006

S.B. Civil Regular First Appeal under Section 96

read with Order 41 CPC against the Judgment and

decree dated 30.1.2006 passed by Shri Bhagwan

Sharma, RHJS, Additional District & Sessions

Judge No.3, Jaipur City, Jaipur, by which the

application filed by the defendant-respondents

under the provisions of Order 7 Rule 1 CPC has

been allowed and the Civil Suit No. 167/2005 filed

by the plaintiff-appellants against the defendant-

respondents has been dismissed

Date of Judgment

: :

February, 15^th, 2007

PRESENT

HON'BLE DR. JUSTICE VINEET KOTHARI

Mr. G.P. Sharma

)

Mr. R.K. Agarwal )

Mr. Parag Rastogi )

for the appellants

Mr. G.K. Garg

)

Mr. J.P. Goyal

)

for the respondents

REPORTABLE

BY THE COURT:

1.

Two important questions of law arise for consideration in the

present first appeal and on this arguments of not only learned counsel

for the appellants and respondents were heard by this Court at length,

2

but besides that learned counsels appearing in other cases involving

same question, also ad