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Nathmal and anr. Vs. Phool Chand

Nathmal and anr. vs Phool Chand

Disposition Petition dismissed Court Rajasthan Decided Jan 21, 1974
~2 min read
https://sooperkanoon.com/case/757954

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Citation
Court
Rajasthan High Court
Judge
Decided On
Case Number
S.B. Civil Revision Petition No. 290 1972
Subject
Civil
Disposition
Petition dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Civil Procedure Code - Section 115(c)--Application for leave to produce accounts book at late stage rejected by trial court--Held, revision Under Section 112(c) does not lic.;There was thus no basis for the application for leave to produce the account books at that late stage of the trial, and it cannot be said that...

Key legal issue
Civil
Outcome / disposition
Petition dismissed

Parties & Advocates

Appellant / Petitioner

Nathmal and anr.

Respondent

Phool Chand

Legal References

Reported In
1974WLN(UC)224

Excerpt

civil procedure code - section 115(c)--application for leave to produce accounts book at late stage rejected by trial court--held, revision under section 112(c) does not lic.;there was thus no basis for the application for leave to produce the account books at that late stage of the trial, and it cannot be said that the trial court has acted in the exercise of its jurisdiction illegally or with material irregularity within the meaning of section 115(c) of the code of civil procedure. - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. - the learned trial judge has, however, stated in his aforesaid order dated january 12, 1972 that the learned counsel for the defendant had clearly stated before him that he did not want to press the question of consideration.p.n. shinghal, j.1. mr. porwal has argued that the order of the trial court dated january 12, 1972 is not correct in so far as the application of the plaintiffs dated february 18, 1970 regarding the production of the account books is concerned. the learned counsel has stated that he is not aggrieved against the order in so far as it relates to the promissory note.2. the plaintiffs (petitioners) had stated in their aforesaid application dated february 18, 1970 that they wanted to produce the evidence in question which, according to the contention of the learned counsel for the petitioners in this court, was for the production of account books, because they wanted to lead evidence in rebuttal of the defendant's plea in regard to consideration and payment. the learned trial judge has, however, stated in his aforesaid order dated january 12, 1972 that the learned counsel for the defendant had clearly stated before him that he did not want to press the question of consideration. the question of payment was connected with the question of consideration but, even so, the trial court has stated that it was not raised for trial. there was thus no basis for the application for leave to produce the account books at that late stage of the trial, and it cannot be said that the trial court has acted in the exercise of its jurisdiction illegally or with material irregularity within the meaning of section 115(c) of the code of civil procedure.3. there is thus no force in this revision petition and it is dismissed. as no one appears on behalf of the non-petitioner, there will be no order as to the costs.

Full Judgment

P.N. Shinghal, J.

1. Mr. Porwal has argued that the order of the trial court dated January 12, 1972 is not correct in so far as the application of the plaintiffs dated February 18, 1970 regarding the production of the account books is concerned. The learned Counsel has stated that he is not aggrieved against the order in so far as it relates to the promissory note.

2. The plaintiffs (petitioners) had stated in their aforesaid application dated February 18, 1970 that they wanted to produce the evidence in question which, according to the contention of the learned Counsel for the petitioners in this Court, was for the production of account books, because they wanted to lead evidence in rebuttal of the defendant's plea in regard to consideration and payment. The learned trial judge has, however, stated in his aforesaid order dated January 12, 1972 that the learned Counsel for the defendant had clearly stated before him that he did not want to press the question of consideration. The question of payment was connected with the question of consideration but, even so, the trial court has stated that it was not raised for trial. There was thus no basis for the application for leave to produce the account books at that late stage of the trial, and it cannot be said that the trial court has acted in the exercise of its jurisdiction illegally or with material irregularity within the meaning of Section 115(c) of the Code of Civil Procedure.

3. There is thus no force in this revision petition and it is dismissed. As no one appears on behalf of the non-petitioner, there will be no order as to the costs.

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