Smt. Nasib Kaur vs Sultan Nath And Ors
2021 Latest Caselaw 12516 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Revision Petition No. 94/2018

Smt. Nasib Kaur

----Petitioner Versus Sultan Nath And Ors.

----Respondent

For Petitioner(s) : Mr. Dron Kaushik. For Respondent(s) : Mr. Sushil Bishnoi.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

10/08/2021

An application has been filed by the respondents seeking

dismissal of the revision petition on account of subsequent events,

wherein the application filed by the petitioner before the Debts

Relief Court ('DRC') has been rejected by order dated 18.01.2021.

Learned counsel for the petitioner submitted that against the

order dated 18.01.2021, the petitioner has filed revision petition

before the District Judge, Hanumangarh, where the matter is

pending. Submissions have also been made that the court by

order dated 18.01.2021, has ignored the law laid down by this

Court in Santokh Singh v. Harish Kumar : 2006(1) DNJ (Raj.) 61.

Learned counsel for the respondents placed reliance on para

29 of the judgment in the case of Santokh Singh (supra) wherein

once the proceeding has come to an end before the DRC, the

matter can proceed before civil court for execution.

However, in the circumstances of the case, wherein the DRC

apparently has not followed the law laid down in the case of

(2 of 2) [CR-94/2018]

Santokh Singh (supra), it would be appropriate that the District

Judge is directed to decide the revision with expedition.

In view thereof, the District Judge is directed to decide the

revision petition within a period of one month from the next date

fixed before it i.e. 23.09.2021.

With the above directions, the application stands disposed of.

List the revision petition on 08.11.2021.

(ARUN BHANSALI),J

69-Rmathur/-

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