Madhya Pradesh High Court
Rajendra Singh vs Ramsajeevan Kotwar (Dead) Through Lrs ... on 14 July, 2017
WP-9753-2017
(RAJENDRA SINGH Vs RAMSAJEEVAN KOTWAR (DEAD) THROUGH LRS MST BUTTI
KOTWAR)
14-07-2017
Shri Deepak Okhade, counsel for the petitioner. Heard.
This petition filed under Article 227 of the Constitution is directed against the order dated 20.4.2017 passed in Misc. Civil Appeal No.16A/2016 whereby petitioner's application under Order 9 Rule 13 CPC is rejected by the court below. The court below opined that the main civil suit No.297-A/1984 was decided on 3.2.1992. Against that ex-parte decree, an application under Order 9 Rule 13 CPC was filed of which present appeal is pending. In addition, a regular appeal No.56A/02 was also filed by the petitioner. This regular appeal was dismissed by competent court on 5.7.2003. The said dated 5.7.2003 was not further challenged before any higher forum. Thus, court below framed a question whether an application under Order 9 Rule 13 CPC is tenable after rejection of regular appeal. The court below opined that such application after rejection of appeal is not maintainable. Reliance is also placed on the judgment of Supreme Court. Learned counsel for the petitioner is unable to show that said order suffers from any jurisdictional error or illegality. In absence thereof, no interference can be made.
Petition is dismissed.
(SUJOY PAUL) JUDGE YS