M/S Chota Bhai Jetha Bhai Patel ... vs Smt. Asha Kodesia And 5 Others
2022 Latest Caselaw 16996 ALL

Citation : 2022 Latest Caselaw 16996 ALL
Judgement Date : 14 November, 2022

Allahabad High Court

M/S Chota Bhai Jetha Bhai Patel ... vs Smt. Asha Kodesia And 5 Others on 14 November, 2022

Bench: Ajit Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 9387 of 2022
 
Petitioner :- M/S Chota Bhai Jetha Bhai Patel Tabacco Products Co. Ltd.
 
Respondent :- Smt. Asha Kodesia And 5 Others
 
Counsel for Petitioner :- Sanjay Kumar Mishra
 

 
Hon'ble Ajit Kumar,J.

Heard Sri Ram Kumar Yadav, learned Advocate holding brief of Sri Sanjay Kumar Mishra, learned counsel for petitioner and perused the record.

This petition has been filed under Article 227 of the Constitution with a prayer to expedite the application filed under Order IX Rule 13 of the Code of Civil Procedure, 1908 in respect of ex parte judgment and decree.

On a pointed query learned counsel appearing for the petitioner could not demonstrate as to why service of the notice upon the application filed under Order IX Rule 13 of the Code of Civil Procedure, 1908 has not been effected upon.

Upon perusal of the order sheet, I find that until 17th August, 2022 service of notice sent on an application filed under Order IX Rule 13 of Code of Civil Procedure, 1908 had not been effected upon and accordingly, applicant was directed to take fresh steps. What happened after 26th August, 2022 and as to whether steps had been taken or not, has not been disclosed in the entire petition.

It seems that in order to get somehow the application under Order IX Rule 13 of the Code of Civil Procedure, 1908 allowed, in the face of the fact that the execution application is going on, that the applicant has rushed to this Court.

No occasion had arisen, therefore, for the applicant to have rushed to this Court in the absence of the proper service of notice and for not taking proper steps as directed by the court on 17th August, 2022.

This approach of the applicant to invoke supervisory jurisdiction of this Court under Article 227 of the Constitution is not appreciated at all.

Accordingly, petition is dismissed.

Order Date :- 14.11.2022

Atmesh