IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.3250/2010. Mst.Choti and Others. VERSUS The Addl.Civil Judge (SD) & ACJM, Tonk and Another. 09.03.2010. HON'BLE MR.JUSTICE DALIP SINGH Mr.Nitin Jain, for the petitioners. *****
Heard learned counsel for the petitioners and perused the impugned order (Annexure-6) dated 07.01.2010.
In the facts and circumstances of the present case, I find that the learned trial court while deciding the application under Section 10 C.P.C. has not committed any jurisdictional error in the impugned order so as to warrant any interference under the writ jurisdiction under Article 226 of the Constitution of India. The plea which has been raised by the defendant-petitioners can be gone into by the learned trial court while deciding the suit on merits and effect of the same may be taken into account while deciding the suit by the learned trial court.
Subject to the above, the writ petition stands dismissed.
(DALIP SINGH),J.
Solanki DS, Jr.P.A