Rajesh Kumar Tiwari vs Ramkaran (Since Died) And 5 Others
2022 Latest Caselaw 5541 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4794 of 2022
 

 
Petitioner :- Rajesh Kumar Tiwari
 
Respondent :- Ramkaran (Since Died) And 5 Others
 
Counsel for Petitioner :- Rachna Dubey
 

 
Hon'ble Ajit Kumar,J.

Heard learned counsel for the petitioner.

By means of this petition, the petitioner has challenged the ex-parte judgment and decree passed in Original Suit No. 30028 of 2018.

In the considered view of the Court, the petitioner has a remedy either to file an application for recall of the order under Order IX Rule 13 of Code of Civil Procedure, 1900 (for short "C.P.C.") or to file a regular appeal under Section 96 of the Code.

In view of the above, this Court declines to entertain the petition leaving it open for the petitioner either to file application for recall of the ex-parte judgment and decree under Order IX Rule 13 of Code of Civil Procedure or file a regular appeal under Section 96 of the C.P.C.

The petition is consigned to the records.

Order Date :- 28.6.2022

Nirmal Sinha