Single-judge High Court rejected a writ petition under Article 226/227 seeking to set aside an ex-parte decree in a civil suit, dismissing it as misconceived without settling a hearing.
Petition dismissed as misconceived.
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Neutral Citation No. - 2023:AHC:168505
Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 6329 of 2023
Petitioner :- Devendra Kumar Respondent :- Narayan Singh (Deceased) And Another Counsel for Petitioner :- Sanjay Kumar Mishra
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner.
This petition has been filed seeking the following reliefs-
"(i) To set aside the ex-parte order dated 25-02-2008 and decree dated 2802-2009 passed by Civil Judge Senior Division District Gautam Budha Nagar in original suit No.92/2006 (Under Specific Relief Act) (Narayan Singh Vs. Babu Lal) (Annexure No.5 and remove the name of plaintiff/respondent from Khata No.105 Gata No.33 area 0.2300 hect. from the revenue record.
(ii) Issue an order or direction to decide the aforesaid Civil Suit after hearing to the petitioner/defendant in light of objection which has been filed by him on dated 22-02-2006."
It appears that a suit bearing Original Suit No.92 of 2006 was filed by the plaintiff-respondent no.1 against the father of the defendant-petitioner in which a written statement was also filed by the defendant on 22.02.2006. It appears that an ex-parte judgment and order was passed on 25.02.2006 and a decree was made on 07.03.2008.
It is not the case of the petitioner that he or his father had filed any application under Order IX, Rule 13 CPC.
This petition is misconceived and is, therefore, dismissed .
Order Date :- 22.8.2023 SK
(Jayant Banerji, J.)
Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad
Devendra Kumar
Narayan Singh (Deceased) And Another
Jayant Banerji
As recorded by the court registry
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