This petition challenging orders dismissing appeals under CPC Order 43 and applications under Order 39 was disposed of. The Court found no jurisdictional error in the lower courts as findings were factual, holding it was not a case for Article 227 jurisdiction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
W.P. (Art. 227) No. 727 of 2015
---- Petitioner
Versus
No. 6 to 8 R/O Kumharpara, Jagadalpur, Dist. Jagdalpur (Chhattisgarh).
….....Respondents
For Petitioner : Mr. Malay Shrivastava, Advocate For Respondent/State : Mr. S.C. Khakharia, Dy. A.G.
Hon'ble Shri Justice Goutam Bhaduri
Order On Board
08/09/2015
Page No.2
under Order 43 Rule 1 of C.P.C. was dismissed by the Court of Additional District Judge, Kabirdham. The order under challenge before the Additional District Judge, Kabirdham pertains to order passed by the Additional Civil Judge Class-II, Kabirdham dated 01.08.2014, passed in Civil Suit No.23-A/2014, whereby an application under Order 39 Rule 1 and 2 of C.P.C. was dismissed.
Sd/(Goutam Bhaduri) Judge
Balram
2 issues framed by the court
Whether the lower courts committed jurisdictional errors warranting interference under Article 227 of the Constitution.
Whether the disposal of the case by the learned Civil Judge Class-II should be expedited.
3 provisions across 2 enactments
Majid Khan
Ahmad Mohammad
Rasul Ahmad
Smt. Kalimul
Ku. Sharifun
Parveen Keshkar
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
