Uttamsingh Chouhan S/O Shri ... vs Madhya Pradesh Agro Chemical Sole ...
2021 Latest Caselaw 6020 MP

                                    1                                RP-683-2021
        The High Court Of Madhya Pradesh
                    RP-683-2021
   (UTTAMSINGH CHOUHAN S/O SHRI BHAGIRATHSINGH CHOUHAN THROUGH IT POWER OF
ATTORNEY HOLDER BALVEER SINGH Vs MADHYA PRADESH AGRO CHEMICAL SOLE (EKMEV) THR.
                      PROPRIETOR SMT. NIRJA AND OTHERS)

2
Indore, Dated : 24-09-2021
       Shri Manoj Manav, learned counsel for the petitioner.
       Heard on the question of admission.
       The present review petition is filed seeking review of judgment dated
17.8.2021 passed in F.A. No.536/2021 whereby this Court has dismissed the

first appeal on merits as well as observed that the application filed under
Order 21 Rule 58 of C.P.C.                 is   not maintainable because the
petitioner/appellant was not party to the decree under execution.
       Learned counsel for the petitioner submits that the aforesaid
observation may come in the way of civil suit to be filed by the present
petitioner, therefore, the present review petition is filed. He submits that under
Order 21 Rule 58 of C.P.C. the Court has refused to entertain the objection,
the party against whom such order is made may institute a suit to establish the
right which he claims in the property in dispute. Therefore, once this Court

has held that the objection submitted under Order 21 Rule 58 is not
maintainable then the applicant is having remedy to file a suit and in such an
event the finding recorded by this Court may come in the way of filing of civil
suit by the petitioner.
       In view of the above, on payment of P.F. within three days, issue
notice to the respondents returnable within four weeks.

(VIVEK RUSIA) JUDGE Alok Digitally signed by ALOK GARGAV Date: 2021.09.24 18:21:39 +05'30'