Smt. Gopal Kanwar vs Kishan Singh (2025:Rj-Jd:3886)
2025 Latest Caselaw 4986 Raj

Rajasthan High Court - Jodhpur

Smt. Gopal Kanwar vs Kishan Singh (2025:Rj-Jd:3886) on 21 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:3886]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Writ Petition No. 8914/2008

Smt. Gopal Kanwar W/o Shri Tej Singh, aged 57 years, by caste
Rajput, R/o Rawati, Tehsil & Distt. Jodhpur.
                                                                      ----Petitioner
                                        Versus
Kishan Singh S/o Jai Singh, by caste Rajput, R/o Rawati, Tehsil &
Distt. Jodhpur.
                                                                    ----Respondent


For Petitioner(s)            :     Mr. Akshay Nagori
For Respondent(s)            :     --



              HON'BLE MS. JUSTICE REKHA BORANA

Order

21/01/2025

1. Vide the present writ petition, order impugned dated

16.10.2008 (Annex.7) has been put to challenge whereby the

application under Section 90 of the Indian Evidence Act, 1872 as

filed by the petitioner stood rejected.

2. Learned counsel for the petitioner submits that during the

pendency of the writ petition the suit itself came to be decided on

02.07.2024 and a regular first appeal against the judgment and

decree dated 02.07.2024 has been filed on 25.09.2024. Therefore,

the present writ petition has although become infructuous, liberty

be granted to the petitioner to raise the ground qua the rejection

of the application under Section 90 of the Indian Evidence Act,

1972 in the first appeal as preferred by him.

3. In view of the submission made, the present writ petition is

dismissed as having rendered infructuous.

[2025:RJ-JD:3886] (2 of 2) [CW-8914/2008]

4. However, the petitioner shall be at liberty to raise the above

ground in the first appeal as preferred by him, if not raised earlier.

5. Stay petition and pending applications, if any, stand

disposed of.

(REKHA BORANA),J 463-AbhishekK/-

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