Mewa Ram vs Commissioner (2025:Rj-Jd:314)
2025 Latest Caselaw 3694 Raj

Rajasthan High Court - Jodhpur

Mewa Ram vs Commissioner (2025:Rj-Jd:314) on 3 January, 2025

Author: Nupur Bhati

Bench: Nupur Bhati

[2025:RJ-JD:314]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Writ Petition No. 20206/2024

Mewa Ram S/o Narayan Ram, Aged About 61 Years, R/o Nehru
Nagar, District Barmer.
                                                                       ----Petitioner
                                        Versus
Commissioner, Municipal Council, Barmer.
                                                                     ----Respondent


For Petitioner(s)             :     Mr. Tribhuwan Singh



                HON'BLE DR. JUSTICE NUPUR BHATI

Judgment / Order

03/01/2025

1. The petitioner has preferred the instant writ petition with the

following prayers:-

"It is, therefore, prayed that your lordships may very graciously be pleased to accept and allow this writ petition and further be pleased to quash and set aside the impugned order dated 29.02.2024 (Annexure-2) and 4.11.2024 (Annexure-3) passed by the Additional Civil Judge and Judicial Magistrate No.2 Barmer in Civil Original Suit No.38/2017 (Mewa Ram Vs. Commissioner, Municipal Board, Barmer)

2. Learned counsel for the petitioner submits that the petitioner

being a senior citizen could not lead the evidence in the suit and

therefore he states that only one last opportunity in the interest of

justice should be given to the petitioner to submit his evidence.

3. On a bare reading of the impugned order, this Court finds

that the order is well justified as the petitioner/plaintiff's evidence

was closed as the petitioner/plaintiff's was given several

opportunities for leading his evidence but has not done so.

However, in the interest of justice and for getting the matter

[2025:RJ-JD:314] (2 of 2) [CW-20206/2024]

decided on merits, this Court imposes a cost of Rs.10,000/- which

shall be paid by the petitioner to the private respondent No.1

before the next date and subject to such payment, the learned

court below shall given one last opportunity to the petitioner to

submit his evidence on the next date.

4. Thus, the present petition is disposed of with aforesaid

direction. The impugned orders dated 29.02.2024 (Annexure-2)

and 04.11.2024 (Annexure-3) shall not come in between such

implementation.

(DR. NUPUR BHATI),J surabhii/61-

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