Nitiraj Singh vs Mukesh Kumar Sharma And 7 Others
2023 Latest Caselaw 36292 ALL

Allahabad High Court

Nitiraj Singh vs Mukesh Kumar Sharma And 7 Others on 21 December, 2023

Author: Jayant Banerji

Bench: Jayant Banerji

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:242011
 
Court No. - 1
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 10409 of 2023
 

 
Petitioner :- Nitiraj Singh
 
Respondent :- Mukesh Kumar Sharma And 7 Others
 
Counsel for Petitioner :- Ashish Kumar Srivastava
 

 
Hon'ble Jayant Banerji,J.
 

1. Heard learned counsel for the petitioner.

2. This petition has been filed with a prayer to decide the Miscellaneous Case No.02 of 2023 (Nitiraj Singh Vs. Mukesh Kumar Sharma and others), that is pending before the court of Civil Judge, Senior Division, Kasganj.

3. It appears that an application under Order IX Rule 13 CPC along with an application under Section 5 of the Limitation Act was filed in the court of the Civil Judge, Senior Division, Kasganj, seeking to set aside the ex-parte judgment and decree dated 24.1.2011 passed in Original Suit No.28 of 2010 (Mukesh Kumar Sharma and Anothers Vs. Jay Singh Naathawat) under the provisions of Order IX Rule 13 CPC.

4. It is stated that more than eleven months have been elapsed but the applications are not being decided.

5. Considering the facts and circumstances of the case, this petition is disposed of with a request to the court concerned to proceed to decide the application under Section 5 of the Limitation Act filed along with the aforesaid application under Order IX Rule 13 CPC, that is stated to be registered as Miscellaneous Case No.02 of 2023, provided there is no legal impediment.

Order Date :- 21.12.2023

K.K.Tiwari

(Jayant Banerji, J.)