Rajasthan Court September 1971 Judgments
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Ramswarup Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Sep-09-1971
Reported in: AIR1973Raj157
C.M. Lodha, J. 1. Only one identicalquestion is involved in both these appeals and, therefore, they can conveniently be disposed of a single judgment. Theplaintiff Ramswarup filed two suits for recovery of money alleged to be due to him from the State of Rajasthan on the basis of certain work contract granted to him. Both these suits were decreed in part. Consequently, both the parties filed appeals in the Court of the District Judge, Aimer. It is not disputed that the appeals filed by the plaintiff were barred by limitation, and consequently the plaintiff filed applications under Section 5 of the Limitation Act for excusing the delay. The applications under Section 5 of the Limitation Act were dismissed on 13-8-70. Notices in the appeals filed by the State of Rajasthan were issued on 31-7-1968 and were served on the plaintiff on 18-8-1968. On 28-8-1968 the plaintiff filed applications under Section 151 of the Civil P. C. praying that the appeals may be treated as cross-objections unde...
Bhanwarlal Vs. Bhulibai and ors.
Court: Rajasthan
Decided on: Sep-08-1971
Reported in: AIR1972Raj203; 1971(4)WLN416
C.M. Lodha, J. 1. A preliminary objection has been raised in this appeal on behalf of the respondents that the appeal has abated as a whole on account of the failure on the part of the appellant to substitute the legal representatives of the respondent Mohanlal, who admittedly died on' 1-5-68, during the pendency of this appeal. In order to appreciate the preliminary objection it may the necessary to narrate a few facts giving rise to this appeal.2. Respondents Nos. 2 and 8 Rekhchand and Gokalchand (defendants) obtained a money decree against respondent-defendant No. 4 Balmukand. In execution of that decree the house in dispute was auctioned and purchased by the appellant Bhanwarlal, Objection under Order 21, Rule 58, C. P. C., was preferred by Mohanlal (deceased) son of Balmukand, but the same was dismissed. Consequently the respondent No. 1 Smt. Bhuli Bai, wife of Balmukand, in her personal capacity as also in the capacity of the guardian of her minor son Mohanlal filed the present s...
Chiman Singh and ors. Vs. Hanuman
Court: Rajasthan
Decided on: Sep-07-1971
Reported in: 1970WLN752
C.M. Lodha, J.1. This second appeal by the decree-holders raises an important question of law which arises under the following circumstances.2. The appellants obtained a preliminary decree for recovery of Rs. 2.600/- by sale of the mortgaged home under Order XXXIV, Rule 4, Civil P.C on 30-7-1959 from the Court of Civil Judge, Jodhpur. Three month's time was granted to the defendant for making the payment of the decretal amount. It was further provided in the preliminary decree that in the case the sale proceeds of the mortgaged property fell short of the decretal amount, the plaintiffs would be entitled to make an application for a personal decree which would be disposed according to law. The judgment-debtor having not paid the decretal amount within the period fixed in the preliminary decree, final decree was passed on 15-2-1960 in persuance of which the mortgaged house was put to auction and sold for Rs. 1208/-. Consequently, the plaintiffs presented an application on 21-3-1961 under...
Popular House Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-06-1971
Reported in: 1971WLN620
V.P. Tyagi, J.1. These 30 writ petitions were filed by the residents of Gangapur. Udaipur, Ajmer and Beawar towns challenging the validity of the rates of octroi duty on certain commodities being violative of Article 14 of the Constitution as according to them they are highly discriminatory when compared with the rates applicable in other towns of the State.2. Out of these 39 petitions, 8 petitions relate to the octroi duty on cloth in Gangapur town. 1 to Udaipur town wherein octroi rates on medicine have been challenged, 3 petitions to Ajmer town in relation to octroi duty imposed on cigar, cigarettes and medicines and 27 petitions have been filed by the citizens of Beawar town to challenge the rates of octroi duty on different commodities which shall be dealt with separately when I would consider these petitions.3. Since common questions of law have been raised, it will be advisable to dispose of these petitions by one judgment.4. In these petitions the vires of Section 104 of the Ra...
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