Madhya Pradesh High Court
Ramesh vs Ramdas (Dead) Thr. Lrs. Laxmibai on 20 March, 2017
WP-3692-2017
(RAMESH Vs RAMDAS (DEAD) THR. LRS. LAXMIBAI)
20-03-2017
Shri Sameer Seth, learned counsel for the petitioner.
Heard on admission as well as on I.A. No. 3356/2017.
Assailing the order impugned in the present petition under
Article 227 of the Constitution of India, learned counsel for the
petitioner submitted that the application for summoning the record of
the Execution Case No. 57-A/1996 has been wrongly rejected by the
Court merely on the ground that present case is for consideration of
application under Order IX Rule 9 CPC. He submits that he wants to
establish from the record of the execution that non-applicant had
knowledge about the ex-parte decree.
Considering the aforesaid, issue notice to the respondents on
payment of process fee within 7 days on both the mode, failing which the petition shall stands dismissed without reference of the Court.
Till the next date of hearing further proceedings of M.JC No. 06/2015 pending before the Additional Judge to the Court of 1st Civil Judge, Class-1, Khandwa (M.P.) shall remain stayed.
CC as per rules.
(VIJAY KUMAR SHUKLA) JUDGE Amitabh