Smt. Urmila Goswami vs Smt. Mithlesh And Another
2023 Latest Caselaw 9896 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3218 of 2023
 

 
Petitioner :- Smt. Urmila Goswami
 
Respondent :- Smt. Mithlesh And Another
 
Counsel for Petitioner :- Upendra Kumar Pushkar,Kamal Dev Singh Chanchal
 

 
Hon'ble Prakash Padia,J.

1. The present petition has been filed by the petitioner, who is defendant, against ex parte judgment and decree dated 21.3.2018 passed by Civil Judge (J.D.), Kole, District - Aligarh in Original Suit No. 47 of 2017 (Smt. Mitdhlesh and another Vs.Smt. Urmila Goswami).

2. It is argued that the aforesaid judgment and decree was passed in ex party manner, hence prayer has been made to set aside the order passed by the trial court and the court below be directed to provide opportunity of hearing to the petitioner before implementation of the ex parte order dated 21.3.2018.

3. After going through the record and also the prayers made in the present petition, the Court is of the opinion that the petitioner has statutory remedies available to file appropriate application either to recall the aforesaid order or to challenge the same by filing appeal / revision.

4. In so far as the present petition is concerned, it is totally a misconceived petition and is liable to be rejected.

5. The present petition is dismissed on the ground of availability of alternative remedy to the petitioner.

Order Date :- 4.4.2023

S.K.S.