Rajasthan Court February 1971 Judgments
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Uttam Kumar and anr. Vs. Jaipur Vastra Vyapar Singh Ltd. and ors.
Court: Rajasthan
Decided on: Feb-12-1971
Reported in: 1971WLN(UC)9
L.N. Chhangani, J.1. This is a revision by the defendants challenging the decisions of the Additional Civil Judge, Jaipur City on issues Nos. 7 and 9 in a suit which is still pending before him. These issues read as follows-7. Whether the Hindu in dispute is sufficiently stamped and the suit is maintainable on that?9. Whether Jagdish, Mukund Sharan, Ramesh Chand, Krishna Bai and Gita Bai are necessary parties to the suit?The trial court following two decisions of this Court reported in Tikamchand Laxmichand and Ors. ILR 1960 (10) Raj. 1607 and Moolchand v. Shankerdutta 1965 R.L.W. 33 held that the hundi the basis of the; suit is exempt from payment of stamp duty and the suit is maintainable even without it's being sufficiently stamped Under issue No. 9, the trial court held that the existing defendants being severally liable, commission on the part of the plaintiffs to bring on record all the legal representatives of the deceased Radheyshyam does not result in the abatement of the suit...
Bhanwari Lal and anr. Vs. Mst. Patasi and ors.
Court: Rajasthan
Decided on: Feb-11-1971
Reported in: 1971WLN59
C.B. Bhagava, J.1. This is a plaintiff's appeal against the judgment and decree dated 18th December, 1965, of the District Judge, Alwar.2. The plaintiffs are the sons of Umrao Singh who died on 16th, April, 1962, leaving behind properties which are mentioned at items Nos. 1 to 11 of Schedule 'Ka' annexed to the plaint. Before his death, Umrao Singh by his will dated 10th May, 1961, bequeathed these properties in favour of Mst. Patashi his wife. The defendants in the suit are Mst. Patashi, the stepmother of the plaintiffs, Prem Narain and Durgaprasad the other two sons of Umrao Singh, and Mst. Ratti Devi, Anguri Devi, Maya Devi and Shanti Devi, daughters of Umrao Singh. Plaintiff's case is that until 10th September, 1961, Umrao Singh and his sons constituted an undivided Hindu family. On 10th September, 1961, the plaintiffs served a notice upon Umrao Singh of their intention to separate and demanded a partition of the properties. However, Umrao Singh died on the 16th April, 1962, withou...
Mst. Pushpaben ors. Vs. the Banswara Electric Supply Co.
Court: Rajasthan
Decided on: Feb-09-1971
Reported in: 1971WLN226
L.N. Chhangani, J.1. This is plaintiffs' first appeal against Judgment and decree of the Senior Civil Judge, Banswara, dated 19-12-62, dismissing their suit for, the recovery of Rs. 50000/- from the defendant respondents on account of compensation. The suit has been brought under the provisions of the Fatal Accident Act in consequence of the death of Surajmal husband of the plaintiff-appellant Smt. Pushpaben and father of the plaintiff-appellants Rajesh, Ranjnakumari and Rakesh, as a result of an electric shock received by Surajmal on account of the negligence of M/s Banswara Electric Supply Company and its partners.2. In the plaint filed by the plaintiffs in the court of the Senior Civil Judge on 21-8-60, the plaintiffs set out their case as underThat the defendants own at Banswara the Electric Power House and they carry on business in the name and style of M/s Banswara Electric Supply Company.' The plaintiffs alleged in general that 'the defendants were careless and negligent in carr...
State of Rajasthan Vs. Ramnath and ors.
Court: Rajasthan
Decided on: Feb-08-1971
Reported in: AIR1972Raj161; 1971(4)WLN137
Jain, J.1. The question involved m Appeal No. 70/70 and four connected appeals is as to whether the appellant had sufficient cause for not preferring the appeals within the period of limitation.2. These five appeals were presented by Shri S. N. Bhargava, Deputy Government Advocate at 11-45 P. M. at the residence of the Deputy Registrar (Judicial) on 16-3-1970. These appeals were directed against the decrees dated 29-11-1969 passed by the Additional District & Sessions Jiidge, Dholpur in five civil suits pending against the State. The office pointed out that these appeals were late by two days. That is, the appeals should have been filed on or before 14th March, 1970. On behalf of the State, applications under Section 5 of the limitation Act were submitted on16th July, 1970 In each case. The applications were accompanied by an affidavit of Shri Anil Kumar Bohra, Stenographer in the office of the Government Advocate, Jodhpur. Copies of five documents were also produced. We have marked th...
Hanutaram Vs. Kumbharam and ors.
Court: Rajasthan
Decided on: Feb-03-1971
Reported in: AIR1971Raj283; 1971(4)WLN70
C.M. Lodha, J.1. This is an appeal by an unsuccessful plaintiff Hanutaram whose suit for recovery of Rs. 3615/- was decreed by the trial court to the extent of Rs. 3000/- only but was dismissed by the District Judge, Bikaner on appeal by the defendants.2. The plaintiff Hanutaram's case is that the defendants Nos. 2 and 3 Kanaram and Baksharam respectively took him to village Bansasar with a view to bring about the engagement of his daughter Imali with Taruram brother of defendant No. 1 Kumbharam, but since he did not like the boy on account of the disparity of age between him and his daughter he refused to betroth his daughter with Taruram. It is alleged by the plaintiff that in spite of his refusal the defendants Nos. 2 and 3 gave out that Imali had been betrothed to Taruram and ultimately all the three defendants accompanied by some more persons came to his village and forced him to pay Rs. 3000/- to the defendants Nos. 1 and 2 Kumbharam and Hanutaram on the pain of taking away his d...
Ramdayal and ors. Vs. Bhanwarlal and ors.
Court: Rajasthan
Decided on: Feb-02-1971
Reported in: AIR1973Raj173; 1972()WLN476
Chhangani, J.1. This is plaintiff's first appeal from the judgment and decree of the District Judge, Balotra dated 28/8/5S dismissing the plaintiff-appellants' suit for the enforcement of a mortgage. The appeal came up for hearing before a Division Bench of this Court. One of the questions raised before the Division Bench related to the invalidity of the registration on account of the non-compliance with the provisions of Sections 35 and 61 of the Marwar Registration Act which are similar to the provisions of the Indian Registration Act except for some changes in Section 35 of the Marwar Registration Act A question relating to the validity of the registration deed on account of the non-presentation of the deed and non-admission made by some of the executants of a deed arose before a Division Bench in Civil First Appeal No. 30 of 1957 (Raj): Bhaniram v. Mukandass and was referred to the Full Bench. Having regard to this reference, the present appeal was also directed to be heard by a Fu...
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