This Order dated 5.12.2019 in a writ petition under Article 227 directed the Lower Court to dispose of the ex-parte decree setting aside application expeditiously within six months.
Direction to the Civil Judge to pass an order expeditiously within six months.
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Court No. - 54
Case :- MATTERS UNDER ARTICLE 227 No. - 9050 of 2019
Petitioner :- Chhotey Lal Singh Respondent :- Champa Devi And 2 Others Counsel for Petitioner :- Rajesh Kumar Singh
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and perused the record.
The present petition under Article 227 of the Constitution of India has been filed for a direction to the Civil Judge (JD), Kasya, Kushinagar to decide the application for setting aside the ex-parte decree filed under Order 9 Rule 13, CPC, registered as misc. case no. 78 of 2018 arising out of original suit no. 1690 of 2013 within the stipulated time.
It is contended by the learned counsel for the petitioner that the suit filed by the plaintiff-respondent was decreed ex-parte on 08.05.2018, subsequently an application was filed on 19.12.2018 for setting aside the same under Order 9 Rule 13, CPC, which is still pending.
Under the facts and circumstances enumerated above, a direction is issued to the Civil Judge (JD), Kasya, Kushinagar to pass appropriate order in the aforesaid application of the petitioner for setting aside the ex-parte order, which was registered as misc. case no. 78 of 2018, expeditiously, preferably within a period six months from the date of production of certified copy of this order before it.
With the above direction, the present petition under Article 227 of the Constitution of India is disposed of.
Order Date :- 5.12.2019 Ashish
2 provisions across 2 enactments
Chhotey Lal Singh
Champa Devi
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
