Smt. Janki Devi v. Ram Lakhan Mukhiya and Ors.
Case brief
What is this about?
Restoration of suit dismissed for default; Order 9 Rule 13 CPC and Section 151 CPC held inapplicable where no ex parte decree; Order 7 Rule 11 CPC wrongly indicated by trial court; correct remedy is petition under Order 9 Rule 4 CPC; Patna High Court C.Misc. No.1390 of 2017 (decided 12-01-2026, S. B. Pd. Singh, J.); Sub Judge Biraul, Darbhanga; Money Suit No. 03 of 2011; Misc. Case No. 10 of 2016; three-month direction to trial court; Janki Devi v. Ram Lakhan Mukhiya and others.
What did the court decide?
Application disposed of with directions to the petitioner to file an appropriate petition under Order 9 Rule 4 before the trial court to restore Money Suit No. 03 of 2011; the trial court to endeavour to pass appropriate order within three months in accordance with law; both parties and the appearing defendants (respondent second set) directed to cooperate in the trial/proceeding.