Manohari Devi vs Babu Lal
2023 Latest Caselaw 588 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Revision Petition No. 8/2023

Manohari Devi W/o Shri Kushla Ram Soni, Aged About 64 Years, Resident Of Bidasar, Tehsil Bidasar, District Churu.

----Petitioner Versus

1. Babu Lal S/o Adopted Son Of Shri Jas Karan, Resident Of Bidasar, Tehsil Bidasar, District Churu.

2. Nagar Palika, Bidasar Through Its Chairman/secretary, Tehsil Bidasar, District Churu.

                                                                  ----Respondents


For Petitioner(s)           :    Mr. Sheetal Kumbhat
For Respondent(s)           :    --



            HON'BLE MS. JUSTICE REKHA BORANA

                                      Order

13/01/2023

The present petition has been filed against the order dated

18.10.2022 whereby an application under Order VII Rule 11 of

Code of Civil Procedure (CPC) preferred by the defendant has

been rejected.

Learned counsel for the petitioner submitted that the

judgment and decree which has been prayed in the present suit to

be cancelled has been affirmed not only by this Court but also by

the Hon'ble Apex Court and has therefore, attained finality.

Learned counsel relied upon the judgment of this Court

passed in the case of Temple of Thakur Shri Mathuradassji,

Chhota Bhandar Vs. Shri Kanhaiyalal & Ors. (S.B. Civil First

Appeal No.232/2005) reported in [2008] 2 RLW (Raj) 1390

wherein it has been held that if the suit is abuse of the process of

(2 of 2) [CR-8/2023]

Court and cannot be dismissed under Order 7 Rule 11 of CPC then

the Court is not helpless and can dismiss the suit invoking powers

under Section 151 of CPC.

In view of the submissions made, Admit. Issue notice.

Notices be made returnable within a period of four weeks.

Notices be filed in two sets. One set of notices be given

'dasti' to learned counsel for the petitioner for being served

through registered post, acknowledgement due.

List the matter after four weeks.

Meanwhile, further proceedings in Original Case

No.129/2016 pending before the Senior Civil Judge, Sujangarh,

District Churu shall remain stayed.

(REKHA BORANA),J

2-AnilKC/-

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