Research › Search › Judgment

Rajasthan High Court · body

2000 DIGILAW 1185 (RAJ)

Kana Ram v. Chhaju Ram

2000-09-20

J.C.VERMA

body2000
JUDGMENT 1. - This revision petition has been directed against the order dated 24.5.2000 passed by Additional District Judge, Bandikui on the application dated 13.3.2000 filed by the defendant-petitioner u/0.6 R. 5 CPC for better particulars which was dismissed by the Court below. 2. The suit was filed by the plaintiff-respondent claiming damages caused to property belonging to defendant i.e. boring, electric motor fitting on the well. The defendant- petitioners filed the application for better particulars. The trial Court observed that the defendant had filed written statement raising preliminary objections and no better particulars are required to be given in regard to paras 2 & 3 of the plaint. The copy of the plaint has been produced for perusal along with the application a/0.6 R. 5 CPC dated 13.3.2000. 3. Counsel for the petitioner relies on a judgment of this Court in Kalyan Singh v. James S. Ram reported in RLR 1987(1) 981 wherein it was held that it was necessary to give the details of the loss suffered. 4. There cannot be any dispute so far as proposition of law is concerned, but after going through the plaint, it is mentioned in para 2 about the loss of 'T.V. valuing Rs. 3,640/- and the damage to the boring meant for irrigation purpose and because of the damage done to the boring, he could not irrigate the fields etc. etc. very cast, is to be decided on its facts. 5. I do not find any illegality in the order passed by the trial Court or any jurisdictional error. 6. With the above observations, the revision petition is dismissed in limine.Revision dismissed. *******