Harish Chandra vs Lrs Of Rukmani Devi And Ors
2022 Latest Caselaw 8469 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3906/2016

Harish Chandra

----Petitioner Versus Lrs Of Rukmani Devi And Ors

----Respondents

For Petitioner(s) : Mr. Harshit Bhurani For Respondent(s) : Mr. Manish Shishodia, Sr. Advocate assisted by Mr. Jaideep Singh Saluja

JUSTICE DINESH MEHTA

Order

29/06/2022

1. By way of the present writ petition, the petitioner has

challenged the order dated 12.01.2016 passed by learned Civil

Judge, Sujangarh, District Churu whereby, his amendment

application under Order VI Rule 17 has been rejected.

2. Mr. Shishodia, learned senior counsel assisted by Mr. Jaideep

Saluja at the outset submitted that the petition has been rendered

infructuous inasmuch as the ground which the petitioner wanted

to be incorporated by way of amendment application has lost its

efficacy, because Hon'ble the Supreme Court in its judgment

rendered in the case of Shankarlal Nadani Vs. Sohanlal Jain

decided on 12.04.2020, reported in AIR 2022 SC 1813 has

specifically held that the suit filed prior to applicability of the

Rajasthan Rent Control Act shall be tried by the civil court only.

3. In view of the judgment dated 12.04.2022 passed by Hon'ble

the Supreme Court in the case of Shankarlal Nadani (supra), the

(2 of 2) [CW-3906/2016]

amendment sought by the petitioner, even if granted would hardly

help petitioner's case. The writ petition is, therefore, dismissed.

4. The stay application stands disposed of accordingly.

(DINESH MEHTA),J 129-Arvind/-

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