Laxman Panwar vs Shri Anil Anwala (2026:Rj-Jd:12733)
2026 Latest Caselaw 4035 Raj

Rajasthan High Court - Jodhpur

Laxman Panwar vs Shri Anil Anwala (2026:Rj-Jd:12733) on 17 March, 2026

[2026:RJ-JD:12733]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Civil Writ Petition No. 5958/2026

Laxman Panwar S/o Raju Ram, Aged About 49 Years, R/o
Gandhipura, Balotra, Police Station Balotra, Tehsil Pachpadra,
District Barmer, Rajasthan.
                                                                          ----Petitioner
                                          Versus
1.       Shri Anil Anwala S/o Nandkishore Anwala, R/o 8 Royal
         Residency Road, Near Life Line Hospital, Paota, Jodhpur
         Through Power Of Attorney Holder Of Smt. Santosh Yadav
         S/o Bahadur Singh R/o Shiv Colony, Tulera Road, Alwar,
         Rajasthan.
2.       Shanti      Lal      S/o     Ghewar         Chand,        R/o   Jasol,   Tehsil
         Pachpadra, District Barmer, Rajasthan (Died)
3.       Sub Registrar Office Jasol, District Barmer.
4.       Tehsildar Pachpadra, District Barmer, Rajasthan.
                                                                       ----Respondents


For Petitioner(s)               :     Mr. Manohar Singh Rathore
For Respondent(s)               :     -



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

17/03/2026

1. By way of filing the instant writ petition under Article 226

and 227 of the Constitution of India, the petitioner-defendant has

laid a challenge to the order dated 29.01.2026, passed by the

learned Additional District Judge, Balotra in Regular Civil Original

Suit No.36/2021 whereby, the learned trial Court closed the

opportunity to file reply.

2. Heard learned counsel for the petitioner.

3. Learned counsel for the petitioner submitted that the

respondent No.1-plaintiff filed a Civil Suit under Order VII Rule 1

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[2026:RJ-JD:12733] (2 of 3) [CW-5958/2026]

of CPC. The learned Court below fixed the date for filing reply on

15.11.2025 but on that day petitioner's son met with an accident

and got serious injuries, therefore, the petitioner could not file

reply. The learned trial Court vide order dated 29.01.2026, closed

the opportunity of filing reply. He further submitted that denial of

right to file reply to suit in question will adversely affect the right

of the petitioner of fair trial and getting efficient justice.

4. It is further contended by learned counsel for the petitioner

that the next date before the learned trial Court is 18.03.2026,

therefore, the petitioner may be given an opportunity to file reply.

5. I have considered the arguments advanced by learned

counsel for the petitioner and perused the material available on

record.

6. In the opinion of this Court, given the facts of the case and

grounds as pleaded herein as well as in the interest of justice, one

effective last opportunity ought to be given to petitioner-

defendant to file reply before the trial Court.

7. In the premise, the writ petition is allowed and the impugned

orders dated 29.01.2026 is set aside. Accordingly, the petitioner

is granted one and last opportunity to file reply to the suit in

question on or before next date of hearing i.e. 18.03.2026 before

the learned trial Court subject to payment of cost of Rs.2,500/- to

the respondent/plaintiff through his counsel.

8. In case, the respondent-plaintiff refuses to accept the cost

and wants to contest the writ petition on merits, he shall be at

liberty to move an appropriate application for revival of the writ

petition.

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[2026:RJ-JD:12733] (3 of 3) [CW-5958/2026]

9. Stay application and all pending application(s), if any, shall

also stand disposed of.

(MUKESH RAJPUROHIT),J 184-Ramesh/-

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