Benami And 3 Others vs Brij Bihari And 3 Others
2023 Latest Caselaw 2973 ALL

Citation : 2023 Latest Caselaw 2973 ALL
Judgement Date : 28 January, 2023

Allahabad High Court

Benami And 3 Others vs Brij Bihari And 3 Others on 28 January, 2023

Bench: Ajit Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 889 of 2023
 

 
Petitioner :- Benami And 3 Others
 
Respondent :- Brij Bihari And 3 Others
 
Counsel for Petitioner :- Sumit Pandey
 

 
Hon'ble Ajit Kumar,J.

Heard learned counsel for the petitioners.

The petitioners in this petition have challenged the judgment and order of decree passed in suit for specific performance of contract being no. 350 of 2016 under Order VIII Rule 10 of the Code of Civil Procedure, 1908.

In my considered view, the petitioners ought to have filed either an application under Order IX Rule 13 of the Code of Civil Procedure, 1908 to recall the ex prte judgment and decree or should have preferred first appeal under Section 96 of the Code of Civil Procedure, 1908.

In view of above, this petition stands dismissed. Liberty rests with the petitioners to approach appropriate forum as may be advised.

Order Date :- 28.1.2023

Sanjeev