Late Shri Manoharlal Saruparia ... vs Urban Improvement Trust, Udaipur
2022 Latest Caselaw 4553 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 3937/2022

1. Late Shri Manoharlal Saruparia S/o Late Shri Gokulchandji Sarupariya, Resident Of House No., Hiran Magri, Sector No. 11, In Front Of Paras Talkies, Udaipur (Raj.) Since Deceased Through His Legal Representatives -

1/1 Smt. Mangi Bai W/o Late Sh. Manoharlal Ji Saruparia, Aged About 78 Years, Resident Of House No. 2, Hiran Magri, Sector No. 11, Udaipur (Raj.).

1/2 Smt. Pratibha W/o Dr. R.j. Jain, Aged About 58 Years, Resident Of House No. 122, Hiran Magri, Sector No. 11, Udaipur (Raj.).

1/3 Sh. Saras S/o Late Sh. Manoharlal Ji Saruparia, Aged About 56 Years, Resident Of House No. 151, Hiran Magri, Sector No. 11, Udaipur (Raj.).

1/4 Sh. Anupama W/o Sh. Pravenji Khajanchi, Aged About 52 Years, Resident Of House No. 2, Hiran Magri, Sector No. 11, Udaipur (Raj.).

1/5 Arvind S/o Late Sh. Manoharlal Ji Saruparia, Aged About 50 Years, Resident Of House No. 2, Hiran Magri, Sector No. 11, Udaipur (Raj.).

1/6 Pankaj Sarupariya S/o Late Sh. Manoharlal Ji Saruparia, Aged About 43 Years, Resident Of House No. 2, Hiran Magri, Sector No. 11, Udaipur (Raj.).

----Petitioners Versus Urban Improvement Trust, Udaipur, Through Secretary, Urban Improvement Trust, Udaipur.

                                                              ----Respondent



                                                                              (2 of 2)                   [CW-3937/2022]




                                   For Petitioner(s)           :    Mr. Rajesh Joshi, Senior Advocate
                                                                    assisted by Ms. Kamini Joshi



                                               HON'BLE MR. JUSTICE VIJAY BISHNOI

                                                               Judgment / Order

                                   23/03/2022

Learned counsel for the petitioners has submitted that the

trial court has rejected the application of the petitioner under

Section 151 C.P.C. to allow him to produce rebuttal evidence on

the ground that as per the provisions of Order 18 Rule 3, if the

plaintiff has not got his rights reserved to produce rebuttal

evidence, no opportunity can be granted to him.

Learned counsel has argued that the trial court has

completely ignored the provisions of Order 18 Rule 17 which

specifically says that the trial court can permit any party to

produce evidence in rebuttal at any stage.

Issue notice. Issue notice of stay application also.

Notices are made returnable on 23.04.2022

In the meantime, further proceedings in relation to the Suit

No.166/2005 pending in the court of Civil Judge (South), Udaipur

City, Udaipur shall remain stayed till next date.

(VIJAY BISHNOI),J

27-AjaySingh/-

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