In The Hon’be Civil Court At Dahanu Restoration Application No. Of 2014 In Regular Civil Suit No.19 Of 2014 Ms. Roshani Sukhraji Bafna, c/o B-13,Kety Nagar,Dahanu,age-53, Occupation- Housewife & Free Yoga Teaching. ..... Applicant v/s 1.Vijay Harakchand Shah,age-49, Occuptation-Dealing in properties, Builder,& Business,residing at Masoli Dahanu. 2. Smt.Seema Vijay Shah,age-46, Occupation –Builder,Business,Agiculture. Residing at Masoli,Dahanu. ..... Defendants. Application For Restoration of R.C.S.No.19/2014 filed by Applicant. ------------------------------------------------------------------------------------------ Humble Application before Hon’ble Principle Judge & Hon’ble Ld. Magistrates of The Civil Court at Dahanu: May It Please Your Honor : 1)That Regular Civil Suit being No.19/2014 was filed by me before this Hon’ble Court for setting aside the order obtained by fraud on court on the basis on false,forged and fabricated revenu record of landed property situate at village Sarawli@Manfod,Tal.Dahanu owned & possessed by me & my Family admeasuring 24 acres. I crave leave to show the said order dt.13.4.2004 in R.C.S.No.1/2004 when produced. It is submitted that I was not made a party in said suit by the defendants. 2)That this Hon’ble Court has not heard the above suit on merit of the case and allowed the application dt.10.4.2014 filed by defendants on the issue of res-judicata and time limitation. The copy of Order dt.3.5.2014 passed by this Hon’ble court is herein annexed and marked at Exh.A for your Honor’s kind perusal. 3) The Applicant most respectfully submits that as per the law laid down by Hon’ble Supreme Court of India as regards res-judicata and time limitation , this Hon’ble court is required to hear the said suit being No.19/2014 on merits of the case. Thus I humbly request this Hon’ble Court to respect the Hon’ble Supreme Court Of India and be please to restore the R.C.S.No.19/2014 which is in the interest of justice. The law laid down by Hon’ble SCI are as under : a)“AIR 1966 SC 132 -The decision not based on merits would not be res-judicata in subsequent suit. A judgment obtained by fraud or collusion doesnot operates on res-judicata . b)AIR 1982 Noc 23 GAV AIR 1993. Appellant not party to earlier suit as such she is not bound by any observation made in the earlier judgment. c) Finding recorded will not operate as res-judicata.(Anguri Devi v/s Moti Ram & ors) 2003(1) civil court case 85 (p&H) d) No question of res-judicata when fraud or collusion present ILR 1966(1) KAR 165(SC) . The parties must have litigated under the same tiltle.(Brahm prakash v/s Chando devi & ors.) Hon’ble Justice Hima Kohli. CRP 1332/2002 on 4.5.2010 SC.. e)Japani Sahoo v. Chandra Sekhar Mohanty, AIR 2007 SC 2762, dealt with the issue and observed as under: “The general rule of criminal justice is that a crime never dies. The principle is reflected in the well-known maxim nullum tempus aut locus occurrit regi (lapse of time is no bar to Crown in proceeding against offenders)……. It is settled law that a criminal offence is considered as a wrong against the State and the Society even though it has been committed against an individual. Normally, in serious offences, prosecution is launched by the State and a Court of Law has no power to throw away prosecution solely on the ground of delay. Mere delay in approaching a Court of Law would not by itself afford a ground for dismissing the case though it may be a relevant circumstance in reaching a final verdict.”. The aforesaid judgment was followed by this Court in Sajjan Kumar v. Central Bureau of Investigation, (2010) 9 SCC 368. I crave leave to produce all the judgments mentioned above when required. It is humbly submitted that on 18.12.2014 I have produced these judgments online before Your Honor. 4) It is most respectfully submitted that even Hon’ble High Court Bombay realising the mistake has restored the Cr.W.P.no.2037/2014 filed by me .I crave leave to produce the copy of orders when required. 5) Thus Applicant most respectfully urge to restore the R.C.S.No.19/2014 and be pleased to hear it on merits of the case expeditiously as Applicant has no source of income except the said landed property which is her livelihood. Prayers : 1. Be pleased to restore the R.C.S.No.19/2014 & kindly review the order dt.3.5.2014 passed by Your Honor. 2. Any other relief may be granted which is in the interest of justice. I shall be greatfully obliged for this act of kindness. Dahanu ) 22.12.2014 (Applicant-in-person) Verifacation . -------------------------------------------- I.Ms.Roshani S.Bafna,age 53, address at c/o B-13,Kety Nagar,Dahanu ,states on solemn affirmation that whatever is stated herein above are true & correct to the best of my knowledge. Dahanu) 22.12.2014) (Applicant-in-person)
Posted on: Sun, 21 Dec 2014 13:47:51 +0000
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