Rajasthan High Court
CMA/1627/2011 of ARUN BAL NIKETAN SCHOOL Vs RAM PRATAP SINGH on 14 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1627/2011 CNR: RJHC020463722011 | URN: CMA / 2037U / 2011 Arun Bal Niketan School, Diggi House, Rambagh Road, Jaipur Through Secretary Kum. Shefali Sharma D/o Shri Madan Mohan Sharma, R/o 1638, SMS Highway, Jaipur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1627/2011
CNR: RJHC020463722011 | URN: CMA / 2037U / 2011
Arun Bal Niketan School, Diggi House, Rambagh Road, Jaipur Through Secretary Kum. Shefali Sharma D/o Shri Madan Mohan Sharma, R/o 1638, SMS Highway, Jaipur
----Appellant
Versus
Ram Pratap Singh S/o Thakur Narain Singh, R/o Diggi House, Rambagh Road, Jaipur
----Respondent
For Appellant(s)
:
Mr. Mahesh Chand Gupta
Mr. G.P. Sharma
For Respondent(s)
:
None Present
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
14/08/2026
1. Appellant is defendant and preferred this Civil Misc. Appeal under Order 43 Rule 1 (u) CPC, feeling aggrieved by order of remand dated 28.02.2011 passed by the Additional District Judge (Fast Track No.3) Jaipur City in Civil Regular Appeal No.11/2010 whereby and whereunder, after setting aside the judgment and decree dated 30.09.2009, civil suit for rent and eviction bearing No.73/2003 titled as Rampratap Singh Vs. Arun Bal Niketan School, has been remanded to the trial Court to decide afresh in the light of observations made by the Appellate Court in the order impugned, in respect of issues of default and material alterations.
2. The relevant facts of the case, in nutshell, are that respondent-plaintiff filed a civil suit for rent and eviction on 12.02.1992 on the ground of default and material alteration taking
(2 of 4) [CMA-1627/2011] resort of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. In the suit, appellant-defendant admitted its tenancy and stated that no default has been committed since the due rent has already been deposited under Section 19-A of the Act for the period from 01.04.1983 to 31.12.1996. In respect of the ground of material alteration, it was contended that no material alteration has been carried out. The civil suit was dismissed by the trial Court vide judgment and decree dated 30.09.2009. Against the dismissal of suit for rent and eviction vide judgment dated 30.09.2009, respondent-plaintiff preferred civil first appeal. In the first appeal, Appellate Court observed that in respect of ground of default, the trial Court has not discussed as to when the rent under Section 19-A of the Act was deposited. In respect of material alteration, the Appellate Court observed that the Rent Deed (Exhibit-3) and the written statement of defendant, submitted in a previous suit, have not been taken into consideration. Hence, the Appellate Court vide order dated 28.02.2011, set aside the judgment dated 30.09.2009 and remanded the suit back to decide the same afresh on the ground of default and material alteration in light of the observations made by the Appellate Court.
3. Against the order of remand dated 28.02.2011, defendant has preferred this misc. appeal.
4. Record of both the Courts below was summoned in this appeal and interim stay was also granted, hence, fresh decision of suit before the trial Court has been passed and this appeal is pending since year 2011.
(3 of 4) [CMA-1627/2011]
5. It appears that presently the civil suit is pending before the Court of Additional Senior Civil Judge and Additional Chief Judicial Magistrate No.9, Jaipur Metropolitan-I from where a letter dated 08.04.2026 has been received, stating inter alia, that the present civil suit bearing original reference No. 73/2003 is oldest civil suit and falls in the category of Target Cases No.1, hence, prayer has been made to send the record. On that letter, the appeal came to be listed and thereafter was posted for today for hearing.
6. Learned counsel appearing on behalf of appellant-defendant, during course of arguments, submitted that when the entire evidence was available on record before the Appellate Court, it was not warranted to remand the matter, rather the First Appellate Court itself could have considered the issues of default and material alteration on merits. However, learned counsel submits that the grievance of appellant-defendant would be satisfied, in case it is observed that the trial Court may decide the issues of default and material alteration afresh on its own merits but without being influenced by the observations made by the Appellate Court in the order impugned.
7. Taking into consideration the submissions made by counsel for appellant, this Court is not required to enter into the merits/demerits of the impugned order of remand, hence without interference to the impugned order of remand, this appeal is hereby disposed of with observation that in pursuance to the order of remand dated 28.02.2011, the trial Court may proceed to decide the civil suit for rent and eviction afresh on merits as per the evidence and material available on record and both issues i.e. default and material alteration, may be decided on merits afresh,
(4 of 4) [CMA-1627/2011] after due appreciation of evidence of parties but Trial Court shall not be prejudice, by any observations made by appellate court, if touching merits of the case.
8. Before parting with, it is hereby observed that since the Civil Suit was filed way back on 12.02.1992, it is expected that the trial Court shall decide the civil suit preferably within a period of four months from the date of receipt of copy of this order.
9. Record of the Trial Court alongwith a copy of this order be sent forthwith to the Court of Additional Senior Civil Judge and Additional Chief Judicial Magistrate No.9, Jaipur Metropolitan-I.
10. Stay application and other pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J 50/NITIN