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Rajasthan High Court · body

2020 DIGILAW 413 (RAJ)

PRABHU NARAIN v. VISHNU SHARMA

2020-02-25

INDRAJIT MAHANTY

body2020
ORDER 1. Heard learned counsel for the respective parties. 2. This revision petition is filed by the plaintiff-petitioner seeking to challenge an order dated 19.03.2019 whereby the respondents' application filed under Order 9 Rule 13 read with Section 151 CPC came to be allowed. 3. Learned counsel for the petitioner drew the attention of this Court to paragraph 5 of the impugned judgment which reads as under:- While drawing attention of this Court to aforesaid paragraph 5, it appears that the learned trial court assumed that the notice that was issued to the respondents subsequent to their counsel making a statement of no instructions since the notice did not back with signature of any witness identifying the respondents, it came to hold that the notice to be insufficient and consequently, allowed the said application. 4. Learned counsel for the respondents on the other hand states that although the counsel herein who was engaged was a relative of the respondents, yet there was some personal issue between them for which reason, he asserts that he had no knowledge that counsel has pleaded no instructions before the learned trial court and he had also not received the notice sent by the trial Court subsequently. 5. I have heard learned Counsel for the parties and perused the impugned order. 6. I am of the considered view that allowing an application under Order 9 Rule 13 CPC in the present circumstances especially since the present respondents-defendant have already filed written statements and issues have already been framed, I find no justifiable cause to interfere with the impugned order. 7. Accordingly, the present revision petition is dismissed. The trial Court is directed to expeditiously conclude the trial of the suit and dispose of the same at the earliest.