Allahabad High Court
Chandra Prakash Gupta vs Civil Judge(J.D.) Hawali, Lko. And ... on 26 April, 2022
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 1210 of 2022 Petitioner :- Chandra Prakash Gupta Respondent :- Civil Judge(J.D.) Hawali, Lko. And Another Counsel for Petitioner :- Sudhir Kumar Srivastava,Pal Singh Yadav,Prathama Singh Hon'ble Mrs. Sangeeta Chandra,J.
1. Heard.
2. This petition has been filed praying for a direction to be issued to the respondent no.1-learned Civil Judge (Junior Division) Hawali, Lucknow, to decide the application Paper No.6-Ga filed under Order 39 Rule 1 & 2 C.P.C. in Regular Suit no.2244 of 2019.
3. It has been submitted by learned counsel for the petitioner that the petitioner had preferred a Suit for cancellation of ex parte decree dated 18.05.2019 under Order 37 Rule 4 C.P.C. which was registered as Regular Suit No.2244 of 2019. The petitioner also filed an application for temporary injunction on 01.11.2019. The petitioner also preferred an application under Section 47 of the C.P.C. in the Court of 10th Additional District Judge Lucknow in Execution Case No.777 of 2019 arising out of ex parte decree dated 18.05.2019 in S.C.C. Suit No.00041 of 2016. The application for interim relief is not being considered. Hence this petition.
4. This petition is disposed of with a direction to the learned trial court to consider Paper no.6-Ga at the earliest, say, either on the next date fixed or within three months thereafter.
Order Date :- 26.4.2022 Rahul