Nitesh Kumar Tamrakar vs Humika Tamrakar
2021 Latest Caselaw 2988 Chatt

                                                                              NAFR


               HIGH COURT OF CHHATTISGARH, BILASPUR

                              W.P.(227) No.563 of 2021

        Nitesh Kumar Tamrakar S/o Shri Mohan Lal Tamrakar, Aged About 40
         Years R/o Ward No. 42, House No. 348, Subhash Nagar, Kasaridih,
         Near Mannu Sahu, Grocery Store, Tahsil And District Durg Chhattisgarh

                                                                      ---- Petitioner

                                        Versus

        Humika Tamrakar W/o Nitesh Kumar Tamrakar, Aged About 38 Years
         R/o Lili Chowk, Purani Basti, District Raipur Chhattisgarh

                                                                   ---- Respondent

For Petitioner - Mr. Purnendra Khichariya, Advocate.

S.B.- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board

29-10-2021

1. Heard on this petition.

2. After hearing the submissions, it is observed that the petitioner has the

option to file application under Order 9 Rule 13 of C.P.C. for setting

aside the ex-parte judgment and decree and in the alternative he has

the remedy to file appeal against the same. Therefore, there is no

reason to exercise jurisdiction under Article 227 Constitution of India.

3. Accordingly, the petition is disposed off and the petitioner is granted

liberty to file appropriate application or appeal.

Sd/-

Monika (Rajendra Chandra Singh Samant) Judge