Shyam Lal vs Banarasi And Another
2021 Latest Caselaw 9652 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3620 of 2021
 

 
Petitioner :- Shyam Lal
 
Respondent :- Banarasi And Another
 
Counsel for Petitioner :- Shailesh Kumar
 

 
Hon'ble Ajit Kumar,J.

Heard learned learned counsel for the petitioner.

By means of this petition under Article 227 of the Constitution, the petitioner has challenged the ex parte judgment and decree dated 16.01.2021 passed by Additional Civil Judge (J.D.)-III, Jaunpur in Original Suit No.83 of 2012 (Banarasi Vs. Shyam Lal and others) for permanent prohibitory injunction.

Upon a query being made as to whether the petitioner-defendant has filed any application for recall of the aforesaid ex parte decree, he could not give any satisfactory reply.

In the considered opinion of the Court, there is efficacious remedy available to the present petitioner to move an application under Order IX Rule 13 C.P.C. seeking recall of the ex parte decree or challenge the same by means of a regular appeal under Section 96 C.P.C.

In view of the above, this Court declines to interfere with the order impugned. It is open for the petitioner to move an appropriate application for recall of the ex parte decree, if he so advised.

The petition consigned to the records.

Order Date :- 5.8.2021

Shahroz