KRISHNA KUMAR & ANR. Vs. JAGDISH CHANDRA & ORS.
LAWS(RAJ)-1994-1-65
HIGH COURT OF RAJASTHAN
Decided on January 27,1994

Krishna Kumar And Anr. Appellant
VERSUS
Jagdish Chandra And Ors. Respondents

JUDGEMENT

Milap Chandra Jain, J. - (1.) This revision petition has been filed against the order of the learned Addl. Civil Judge No. 2, Udaipur dated October 03, 1993 by which he has rejected the application of the defendant-petitioners praying that the plaintiff be directed to state the market value of the suit property in the plaint and the issue regarding valuation be first decided.
(2.) When learned counsel for the defendant-petitioners was requested during the arguments about the inordinate delay of about ten years in moving the said application, he disclosed that the suit was instituted in the court of the District Judge, Udaipur and in pursuance of the amendment made in the Rajasthan Civil Courts Ordinance it was transferred in the year 1993 to the Court of Addl. Civil Judge No. 2, Udaipur and immediately thereafter the application was moved.
(3.) The impugned order shows that on January 20, 1992 issue No. 7A was framed to the following effect : ...[VERNACULAR TEXT OMITTED]... This issue covers the controversy raised in the application which has been rejected by the impugned order. The learned Addl. Civil Judge No. 2, Udaipur has rightly held that he has no jurisdiction to review the earlier order passed in the suit in this connection and the application has simply been moved to further delay the disposal of the suit.;


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