BHOJRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed assailing the legality and validity of the order dtd. 16/1/2024 passed by the learned Senior Civil Judge, Malpura, District Tonk (for brevity, "the learned trial Court") in Civil Suit No.62/2016 whereby, an application filed by the petitioner/plaintiff (for brevity, "the plaintiff") under Order 7, Rule 14 (3) read with Sec. 151 CPC has been dismissed.

(2.) The relevant facts in brief are that the plaintiff filed a suit for mandatory injunction and permanent injunction against the respondents/defendants (for brevity, "the defendants") wherein, he filed an application as aforesaid which has been dismissed by the learned trial Court vide order dtd. 16/1/2024.

(3.) Assailing the order, learned counsel for the plaintiff submits that while dismissing the application, the learned trial Court did not appreciate that the delay in filing the application was well explained. He, therefore, prays that the writ petition be allowed, the order impugned dtd. 16/1/2024 be quashed and set aside and the application filed by him under Order 7, Rule 14 (3) read with Sec. 151 CPC be allowed.