Shri Kant Singh vs Ashutosh Singh
2023 Latest Caselaw 8679 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 
Case :- MATTERS UNDER ARTICLE 227 No. - 1395 of 2023
 
Petitioner :- Shri Kant Singh
 
Respondent :- Ashutosh Singh
 
Counsel for Petitioner :- Hari Om Gupta,Pawan Kumar Mishra
 
Counsel for Respondent :- Amit Kumar Singh
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner and Mr. Amit Kumar Singh, learned counsel for opposite party.

Petition under Article 227 of the Constitution of India has been filed challenging order dated 26.09.2022 passed in Miscellaneous Case No.169 of 2018(R) whereby application under section 5 of Limitation Act as well as under Order 9 Rule 13 of the Code has been rejected. Appellate order dated 09.02.2023 passed in Miscellaneous Civil Application No.73 of 2022 is also under challenge along with challenge being raised to ex parte judgment and decree dated 11.12.2017 passed in Regular Suit No.409 of 2015.

Learned counsel for petitioner submits that a part from filing an application under Order 9, Rule 13 of the Code, the petitioner also has an alternative remedy of filing first appeal to challenge the ex parte judgment and decree dated 11.12.2017 and due to availability of such relief, petitioner does not wish to press the present petition, which is accordingly dismissed as not pressed.

Order Date :- 23.3.2023

Subodh/-