Madhya Pradesh High Court
The State Of Madhya Pradesh Thr. vs Mahant Jainarayan Chela Late Mahnat Ram ... on 9 May, 2017
1
M.A.No.728/2016
09.05.2017
Mr. Kamal Jain, learned Government Advocate for the
appellant/State.
Mr. Ravi Gupta, learned counsel for the respondent.
Counsel for the appellant submits that this is a case arising out of rejection of order under Order 9 Rule 13 of CPC at the instance of State. He further submits that record of the Trial Court vide COS No.294-A/1994 is necessary, wherein ex parte judgment and decree has been passed on 31.08.1998 by III Additional District Judge, Gwalior. He further prays time for filing additional document in support of his contention to submit that earlier suit was also filed in respect of the same property and got dismissed.
Office is directed to requisition the record of COS No.294- A/1994 passed on 31.08.1998 by III Additional District Judge, Gwalior.
List this case along with S.A.No.44/2015 in the week commencing from 17th July, 2017.
(Anand Pathak) Judge bj/-