Rajasthan High Court – Jaipur
M/S Shubham Enterprises vs M/S Firm Manohar Lal … on 8 May, 2025
Author: Bhuwan Goyal
Bench: Bhuwan Goyal
[2025:RJ-JP:19465-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil First Appeal No. 253/2023
1. M/s Shubam Enterprises Chopanki, Tijara, Tehsil Tijara,
Alwar Through Proprietor Saroj Devi Chouhan.
2. Smt. Saroj Devi Chouhan, Aged About 64 Years, R-771,
A-II, 1121, Harchandpur, Bhiwari, Tehsil Tijara, District
Alwar, Rajasthan, Proprietor M/s. Shubam Enterprises.
----Appellants
Versus
M/s Firm Manohar Lal, Mitthan Lal, Having Registered Office
Vilaspur Road, Opposite Girls School, Tijara, Tehsil Tijara, District
Alwar Through Proprietor Kailash Gupta S/o Manohar Lal Gupta,
R/o Ward No. 13, Dhumi Lal Ki Gali, Main Market, Tehsil Tijara,
District Alwar, Rajasthan.
----Respondent
Connected With
D.B. Civil Miscellaneous Appeal No. 1396/2023
1. M/s Shubham Enterprises, Choupanki, Tijara, Tehsil Tijara,
Alwar Through Porprietor Saroj Devi Chouhan.
2. Smt. Saroj Devi Chouhan, R/o Plot No. J-772, Near KG
Plaza/ Sales Tax Office, RIICO Industrial Area, Phase-II,
Bhiwadi, Rajasthan-301019.
—-Appellants
Versus
M/s Firm Manohar Lal, Mitthan Lal Having Registered Office
Vilaspur Road, Opposite Girls School, Tijara, Tehsil Tijara, District
Alwar Through Proprietor Kailash Gupta S/o Manohar Lal Gupta,
R/o Ward No. 13, Dhumi Lal Ki Gali, Main Market, Tehsil Tijara,
District Alwar, Rajasthan.
----Respondent
For Appellant(s) : Mr. Rakesh Kumar
Ms. Priyanka Chouhan
Mr. Abhimanyu Singh Bhati
For Respondent(s) : Mr. Kapil Gupta with
Mr. Ankit Kumar and
Ms. Anisha Yadav
HON'BLE MR. JUSTICE AVNEESH JHINGAN
HON'BLE MR. JUSTICE BHUWAN GOYAL
Order
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08/05/2025
1. These two inter-related appeals are decided by this common
order as the facts and issues involved are similar and the parties
are same. The appeals arise from the same suit.
2. D.B. Civil First Appeal No.253/2023 filed challenging the
judgment and decree dated 25.02.2020 is accompanied by an
application for condoning the delay of one thousand seventy eight
days. D.B. Civil Miscellaneous Appeal No.1396/2023 is directed
against dismissal of an application under Order 9 Rule 7 & 13 CPC.
3. The facts are being taken from D.B. Civil First Appeal
No.253/2023. There were transaction between the parties with
regard to supply of Mustard Seeds. The supply was made against
eleven bills. The respondent-plaintiff (hereinafter referred to as
“respondent”) filed a recovery suit. At the stage of hearing on
28.01.2020, the appellant-defendant (hereinafter referred to as
“appellant”) was unrepresented before the Commercial Court and
the matter was adjourned. Similar was the position on 07.02.2020
and thereafter on 10.02.2020, after hearing the arguments of
counsel for the respondent, the matter was kept for final orders.
On 25.02.2020 decree was passed in favour of the respondent.
4. The appellant filed an application under Order 9 Rule 7 & 13
CPC on 07.03.2020 pleading that counsel for the appellant had
met with a car accident on 07.02.2020 and hence the appellant
remained unrepresented. On 17.12.2020, the application was
dismissed granting liberty to the appellant to file a fresh
application under the appropriate statutory provisions. On
05.03.2021 the appellant moved a fresh application under Order 9
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[2025:RJ-JP:19465-DB] (3 of 4) [CFA-253/2023]
Rule 7 & 13 of CPC which was dismissed on 05.04.2023. Hence,
these appeals.
5. Considering that these two appeals are inter-connected, the
appellant was pursuing remedies by filing application under Order
9 Rule 7 & 13 of CPC and thereafter filed an appeal against
dismissal of the application under Order 9 Rule 13 CPC, the delay
in filing the appeal challenging the judgment and decree dated
25.02.2020 is condoned.
6. By an order dated 31.05.2023 passed in D.B. Civil First
Appeal No.253/2023 as an interim measure, stay was granted
subject to depositing the decretal amount with the Commercial
Court, Alwar. The amount was to be released to the respondent on
furnishing of solvent surety and giving an undertaking that in case
appeal of the appellant is allowed, the amount shall be refunded
along with interest @ 6% per annum.
7. The judgment and decree dated 25.02.2020 was passed
without hearing the arguments of counsel for the appellant. The
counsel for the appellant could not appear on 07.02.2020 and on
10.02.2020 as he met with an accident on 07.02.2020.
8. The Supreme Court in the case of Rafiq & Anr. Vs.
Munshilal & Anr. reported in 1981 AIR 1400 held that the party
should not be made to suffer because of conduct of the counsel.
9. There cannot be a quarrel with the proposition that the
technicality when pitted with the substantial justice, latter shall
prevail.
10. Another aspect to be considered is that the decretal amount
has already been received by the respondent.
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11. In the facts and circumstances of the case, without
commenting upon merits of the case and to provide a reasonable
opportunity to the appellant to argue the matter, the impugned
judgment and decree is set aside and the matter is remitted back
to the Commercial Court to proceed with the matter from the
stage it was on 28.01.2020.
12. Considering that the transaction pertains to year 2015, the
Commercial Court shall make a sincere endeavor to decide the
matter within three months from the date of receipt of certified
copy of this order.
13. In any case, no unwarranted adjournment shall be granted
to either of the parties.
14. To avoid any further delay and complications, let the parties
through their representatives appear before the Commercial Court
concerned on 22.05.2025.
15. In view of the above, both the appeals are allowed.
16. It is clarified that the interim order dated 31.05.2023 shall
remain effective during pendency of the suit.
(BHUWAN GOYAL),J (AVNEESH JHINGAN),J
Sudeepak/32-33
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