REVISION IN THE HIGH COURT OF JUDICATURE AT RAJASTHAN CIVIL APPELLATE JURISDICTION CIVIL REVISION NO. ______/2020

REVISION IN THE HIGH COURT OF JUDICATURE AT RAJASTHAN CIVIL APPELLATE JURISDICTION CIVIL REVISION NO. ______/2020

REVISION IN THE HIGH COURT OF JUDICATURE AT RAJASTHAN CIVIL APPELLATE JURISDICTION CIVIL REVISION NO. ______/2020

IN THE MATTER OF:

Mr. A son of Mr. B, aged about 35 years,

Occupation business, residing at

_______, Ajmer

..............................................Plaintiff

VERSUS

Mr. C son of Mr. D, aged about 40 years,

Occupation service, residing at

­_______, Ajmer

....................................................Defendant

REVISION UNDER SECTION 115 OF CODE OF CIVIL PROCEDURE, 1908

Being aggrieved and dissatisfied with the admissal of O.S. No. ____/2020 by the Civil Judge Ajmer beyond the jurisdiction vested in it by law, hence this Revision on consideration of the facts & grounds mentioned herein below:

The petitioner most humbly sheweth as follows:

BRIEF FACTS:

  1. That the plaintiff is a money-lender and has been carrying on the business of money lending in Ajmer Rajasthan. The defendant is serving as clerk in 'Mathurs& Sons Pvt. Ltd. The plaintiff knows the defendant for the last several years.
  2. That the defendant on or about the 15th day of August 2019 approached the plaintiff for a sum of Rs. 15000 which sum the defendant then needed for the purchase of a plot of land in the suburbs of the city. The plaintiff agreed to lend and advance the said sum, at an interest of 12 per cent per annum to the defendant.
  3. That the plaintiff lent and advanced the said amount of Rs. 15000 to the defendant on or about the 15th day of August 2019, and the defendant on the same day as and in way of collateral security executed a promissory note for the said amount of Rs. 15000 at an interest of 12 per cent per annum in favour of the plaintiff. A copy of the said promissory note is annexed hereto and is marked as 'Exhibit A' to the plaint.
  4. That the plaintiff several times demanded the repayment of the said amount of Rs. 15000 together with the interest from the defendant but the defendant failed to repay the said amount together with interest on one pretext or the other.
  5. That the plaintiff finally called upon the defendant through his advocate's letter dated September 1, 2020 for the repayment of Rs. 19000 (Rs. 15000 the principal sum and Rs. 4000 interest thereon at 12 per cent per annum from 15.8.2019), but the defendant failed and neglected to return the said amount to the plaintiff and moreover he did not reply the plaintiffs advocate's said letter. A copy of the said letter is annexed hereto and is marked as "Exhibit B" to the plaint.
  6. That the plaintiff submits that the said amount of Rs. 15,000 was lent and advanced by the plaintiff to the defendant at Ajmer where the defendant executed the promissory note in favour of the plaintiff, and the amount of Rs. 21,000 (Rs. 15,000 the principal sum and Rs. 4,000 interest thereon) is due and payable by the defendant to the plaintiff.

 

GROUNDS

  1. For that the learned Court below has committed error of jurisdiction in disposing of the Case No. ____/2020  vide order dated 25.06.2020 in as much as the basic issue raised in the Misc. Case No. 11/2001  was not decided either way by the learned court below.
  2. For that the order dated 25.06.2020 if allowed to stand will render complete failure of justice.
  3. For that the order of the learned Court below is otherwise bad in law and fit to be set aside.
  1. It is, therefore, prayed that your lordships may graciously be pleased to admit this petition, call for the records of this case, issue notice to the opposite parties  and after hearing  the parties be pleased to set aside the impugned order dated 25.06.2020  passed by the learned Civil Judge, 1st (S.D.), Ajmer at Rajasthan in Case No. ___/2020.
  2. To accept the instant civil revision petition in the interest of justice.
  3. Pass any other order/relief(s), which this Hon’ble Court may be pleased to pass in view of equity, justice and good conscience.

 

Sd/-                                                                                                              Sd/-

Plaintiff                                                                                                   Advocate

 

Research By - 

Sameeksha Shukla

BB.A LL.B (Hons.) specialization in Corporate Law ( 5th year)