Case BriefsHigh Courts

Orissa High Court: The Bench of Biswanath Rath, J. entertained the writ petition challenging the order passed by the learned trial Court, directing for recounting of votes of the elected candidate.

The instant writ petition was filed referring to the pleadings in the election dispute which arose before the trial court. The said petition was filed by the elected candidate who pleaded to set aside the order of the trial court confirming the decision of the Election Tribunal for recounting of votes involving the petitioner.

The petitioner contended that in absence of any counter claim for the recounting of the votes of the petitioner by the defeated candidate, votes in favour of opposite party should only be recounted and the rejected votes should be examined. The petitioner wanted the court to interfere in the impugned order and to set aside the same.

The respondent relied on the direction passed by the tribunal for recounting of the votes of the petitioner i.e the elected candidate and hence, did not wish to file any counter claim against the elected candidate.

Perusing the records, the Court opined that, there was no counterclaim involving the allegation for counting of votes in favour of the petitioner and as it was not pleaded in the written statement the tribunal must not had decided the particular issue i.e recounting of the votes of the elected candidate. The Court held, that the Election Tribunal has exceeded its jurisdiction by traveling beyond the scope of litigation involved therein. The Court further directed the Tribunal to conclude the dispute of the miscellaneous case by giving both the parties an equal opportunity of hearing.[Ritarani Jena v. Sumaatee Jena, 2019 SCC OnLine Ori 173, Order dated 02-04-2019]

Case BriefsHigh Courts

Rajasthan High Court: The Bench of Dr Pushpendra Singh Bhati, J., dismissed the petition filed for mainly amendment of the issues framed in the pleadings at a later stage.

The facts of the case were that the respondent-landlord had filed an application under Section 18(2) of the Rajasthan Rent Control Act, 2001 before the Rent Tribunal, for recovery of arrears of rent. The petitioner filed a reply to the said application under Section 18(2) of the Rajasthan Rent Control Act, 2001 and denied the existence of the landlord-tenant relationship between him and the respondent. This started the series of litigation that followed thereafter between the parties. During this, the petitioner filed an application under Section 21 of the Rent Control Act, 2001 for amendment of the issues. The petitioner also made a request to delete issues framed earlier and prayed for framing of a new issue. Also, he filed an application under Section 21 read with Section 11 of the Court Fee Act and under Order 7 Rule 11 CPC with the averment that the respondent in the rent application had although prayed for arrears of rent along with 18% interest per annum, but did not pay the appropriate court fee. The argument advanced by the respondent was that the eviction suit was filed in the year 2010 and had been going on for almost nine years, and thus, at that stage when no material change in the original pleadings were made, then permitting the petitioner to file new applications just for the purpose of delaying the proceedings was inappropriate.

The Court held that the parties were satisfied with the issues so framed at that juncture, and therefore, since no material change was reflected in the pleadings, at a belated stage, the petitioner was barred to contend that the issues need to be re-framed. The petition was thus rejected. [Umesh Jhamb v. Parkash Rani, 2019 SCC OnLine Raj 326, Order dated 12-04-2019]

Case BriefsHigh Courts

Delhi High Court: Vinod Goel, J. dismissed a petition impugning the order passed by Civil Judge whereby defendant’s application under Order 7 Rule 11 CPC.

The plaintiff filed a recovery suit against the defendant (petitioner) on account of selling them wooden furniture. The suit was instituted in Delhi as the plaintiff was carrying on his business of manufacturing and selling wooden items in Delhi. The defendant filed an application under Order 7 Rule 11 for rejection of plaint, on the ground that the contract between the parties was entered into at Udaipur. They pleaded that the cause of action accrued at Udaipur and therefore courts in Delhi had no jurisdiction to try the suit. However, their application was rejected by the Civil Judge. Aggrieved thereby, the defendants filed the present petition.

While holding that the petition was liable to be rejected, the High Court observed, “It is a well-settled principle of law that while deciding an application under Order 7 Rule 11 CPC, the averments made in the plaint are germane and plea taken by the defendant in the written statement would be wholly irrelevant at that stage”. Reliance was placed on Chhotaben v. Kirtibhai Jalkrushnabhai Thakkar, (2018) 6 SCC 422; Ramesh B. Desai v. Bipin Vadilal Mehta(2006) 5 SCC 638 and Salem Bhai v. State of Maharashtra, (2003) 1 SCC 557. It was noted that the plaintiff had averred in the plaint that the defendant approached him for supply wooden furniture at his office in Delhi. In reference to this, the Court stated, “pleadings of the respondent unambiguously indicate that a part of cause of action has accrued within the local limits of Delhi which certainly provides privilege to the respondent to file the suit in the Courts of Delhi.” It was further observed that determination of jurisdiction is a mixed question of law and facts, which can be adjudicated only after the parties adduce their evidence. In such view of the matter, the Court dismissed the petition. [Hansa Place Art Furnitures (P) Ltd. v. Dilip Kumar Sharma, 2019 SCC OnLine Del 7422, dated 25-02-2019]

Case BriefsHigh Courts

Jammu and Kashmir High Court: The Division Bench of Dhiraj Singh Thakur and Sindhu Sharma, JJ. dismissed an order passed by the Single Judge in respect of determination of seniority.

The brief facts of the case are that the appellants claimed that they were appointed as Junior Engineers vide an order and claimed to be senior to the private respondents herein. The final seniority list of Junior Engineers (Civil) Degree Holders was filed in this regard. It was urged that in reference to the final seniority list so issued, promotions were made to the post of Incharge Assistant Engineers as Assistant Executive Engineers on officiating basis in their own pay and grade, which included the appellants as also the private respondents.

The names of the appellants as also the private respondents figured in the aforementioned Government order, as per their respective seniorities. The appellant contended that by virtue of the government order the seniority of respondents was illegally and arbitrarily determined over and above the appellants and they were placed as Incharge Executive Engineers in utter violation and contravention to the seniority of the appellants. A writ petition came to be filed by the appellants/petitioners before the Writ Court, seeking certiorari in regard to this Government Order.

The petition, however, was dismissed with the direction that the seniority list is to be reframed.

The Court held that the Writ Court did not address all the issues placed by the appellants/petitioners before the Writ Court and was disposed of with a general direction without determining the issue as to whether the placement of respondents over and above the petitioners/appellants was correctly done in terms of the impugned Government order or not. The order was set aside allowing the parties an opportunity to complete the pleadings. [Hari Bhushan v. State of J&K, 2018 SCC OnLine J&K 1032, decided on 31-12-2018]