Vishan Chandra Rastogi v. Munajir Hussain and Another
Case brief
What is this about?
Article 227 writ petition, Allahabad High Court, Court No. 9 (neutral citation 2025:AHC:30088), decided 4.3.2025 by Rohit Ranjan Agarwal, J. Plaintiff Vishan Chandra Rastogi v. defendants Munajir Hussain and another. Ex parte decree 15.12.2021 in plaintiff's suit; defendant's application under Order IX Rule 13 C.P.C. registered as Misc. Case No. 11 of 2022 to set aside the decree; defendant's civil appeal under Section 96 C.P.C. against the ex parte decree dismissed on 18.10.2024. Petition sought setting aside of the Rule 13 proceedings; petition disposed of at admission stage without counter affidavit or notice; trial Court directed to pass order on the Rule 13 application within one month of certified-copy production, considering the appellate judgment of 18.10.2024.
What did the court decide?
Writ petition disposed of at the admission stage; trial Court directed to consider and pass necessary order on the application filed under Order IX Rule 13 C.P.C. registered as Misc. Case No. 11 of 2022, within one month from production of a certified copy of the order, considering the appellate Court judgment dated 18.10.2024 dismissing the civil appeal filed by the defendant-respondent.