Dileep Patel vs Bablu Jatav
2022 Latest Caselaw 1371 MP

                                                                            1
                                                 The High Court Of Madhya Pradesh
                                                           MP No. 2731 of 2021
                                                              (DILEEP PATEL Vs BABLU JATAV AND OTHERS)

                       Gwalior, Dated : 31-01-2022
                                                Heard through Video Conferencing.

                                                Shri Prashant Sharma, learned counsel for petitioner.
                                                Shri Ashish Saraswat, learned counsel for respondents No.2 & 3.

Plaintiff/petitioner is before this Court taking exception to the order of the trial court dated 11.08.2021 declining to entertain an application filed under Order XXXIX Rule 1 and 2 CPC on the premise that in proceedings

before this Court dated 29.07.2021 in MP.2357/2021 further proceedings in the trial court have been stayed.

Learned counsel for the petitioner submits that the trial court has committed jurisdictional error having not entertained the application as mere stay of suit proceedings shall not divest the trial court of the power to take such proceedings which are collateral or which may be protective or which would be for the purpose of treating the lis alive like filing of an application under order XXXIX Rule 1 and 2 CPC and others of same purposes. He relies upon the judgment duly rendered by this Court in Madanlal Agarwal

Vs. Smt. Kamlesh Nigam [AIR 1975 MP 132] to bolster his submissions.

It is apparent that petitioner has not brought the aforesaid judgment to the notice of the trial court. Hence, this Court sees no reason to interfere in the instant Misc. Petition, instead relegates the petitioner to file a review petition before the said court in the light of the aforesaid judgment.

This Court hopes and trusts that the trial court shall appreciate and consider the same in right earnest.

With the aforesaid, present Misc. Petition stands disposed of.

(ROHIT ARYA) JUDGE

pd

PAWAN Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

DHARK st=Madhya Pradesh, 2.5.4.20=5da1b3ce5c6aee672b1f51a5cff5 661c113046ab7ebb8031c36dcac4472c04 0a, pseudonym=22FE9CB9F7CF0345E7FFAC

AR 9031E38DF6A29B4C10, serialNumber=C72B9531562BC6028F5D6 E42E82477C85878470B30E4A7672CCA52 3E83C0BCB9, cn=PAWAN DHARKAR Date: 2022.02.01 10:24:59 +05'30'