Surendra Singh vs Kalawati Singh
2021 Latest Caselaw 8559 MP

                                                          1                                MP-4512-2021
                              The High Court Of Madhya Pradesh
                                        MP No. 4512 of 2021

(SURENDRA SINGH AND OTHERS Vs KALAWATI SINGH AND OTHERS)

Jabalpur, Dated : 09-12-2021 Shri Rakesh Dwivedi, learned counsel for petitioners.

Petitioners have filed this petition challenging order dated 20.10.2021 by which appeal filed by petitioners for setting aside order dated 09.01.2021 was dismissed.

An ex-parte judgment and decree dated 09.03.2007 was passed against

the petitioners. Petitioners had filed an application for setting aside ex-parte judgment and decree along with application under Section 5 of Limitation Act. Said application was dismissed by the trial Court. Order passed by trial Court was challenged in appeal and Appellate Court has also affirmed the order and dismissed the appeal.

Counsel appearing for petitioners submitted that ground raised in the application was not considered and decided by the Appellate Court, therefore, there is jurisdictional error. It is submitted that brief of the case was handed over to one Advocate, Simranjeet, it was his duty to inform the party

to appear in the court. Ex-parte judgment and decree was passed and said advocate did not inform the party. Said advocate had expired on 28.01.2009.

Said issue was considered by the Appellate Court in para 8 of its order. Since points raised by the appellant was appreciated and decided by the Appellate Court, this Court will not re-appreciate said facts in a petition under Article 227 of the Constitution of India. There is no jurisdictional error, therefore, this Court refuses to interfere in order dated 20.10.2021 and this miscellaneous petition is dismissed.

(VISHAL DHAGAT) JUDGE

sp/-

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SUNIL KUMAR
PATEL
Date: 2021.12.09
17:44:22 IST