RAJASTHAN RAJYA PATH PARIVAHAN NIGAM Vs. BHAGWATI ENTERPRISES

JUDGEMENT

(1.) By way of the instant petition, a challenge is made to the order impugned dtd. 10/12/2014, passed by the Additional District Judge No.5, Jaipur Mahanagar in Civil Mise. Case No. 54/2011 titled as Rajasthan Rajya Path Parivahan Nigam vs. M/s Bhagwati Enterprises and Anr., whereby the application preferred by the petitioner on 20/9/2014, came to be dismissed and/or rejected.

(2.) The ineluctable and concise factual matrix, necessary for the efficacious disposal of the instant petition, is noted herein- under:-

(3.) Learned Senior Counsel, Sh. R.N. Mathur, appearing on behalf of the petitioner, has submitted that the order impugned dtd. 10/12/2014 is illegal and improper, having been passed against the settled position of the law as well as the facts available on record. In support of the said submission, learned counsel averred that learned court below failed to appreciate the fact that the non-framing of issue regarding the non-existence of a concluded contract, which was sine qua non for determination of the dispute, the right to adduce documents and examine witnesses in support thereof flows directly from the pleadings which necessarily required evidence which could not be lead, despite being essential for the determination of the dispute between the parties. Accordingly, the learned court below erred in drawing an adverse inference against the petitioner for its purported failure to initiate criminal action for fraud without appreciating that the cancellation of the alleged agreement was itself sufficient punishment. Furthermore, the Chairman of the petitioner had died by the time the evidence was recorded. However, it was still averred that the-then Chairman in his noting, had himself rebutted the contention of having allowed the deletion of Clauses 29 and 30.