Ramdeen vs Jaggu (Died) Thr. Lrs Krishna ...
2023 Latest Caselaw 1962 MP

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                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                            ON THE 3 rd OF FEBRUARY, 2023
                                              MISC. APPEAL No. 462 of 2017

                           BETWEEN:-
                           RAMDEEN S/O SUKHDEV VISHWAKARMA, AGED
                           ABOUT    55    YEARS, GAURATLAI  TEH.   TEH.
                           VIJAYRAGHAV GARH KATNI (MADHYA PRADESH)

                                                                             .....APPELLANT
                           (BY SHRI SHAMBHOO DAYAL GUPTA - ADVOCATE)

                           AND
                                 JAGGU (DIED) THR. LRS

                           1.    KRISHNA KUMAR S/O JAGGU VISHWAKARMA
                                 JARARODA TEH. VIJAYRAGHAV GARH KATNI
                                 (MADHYA PRADESH)

                           2.    KESHAV PRASAD S/O JAGGU VISHWAKARMA
                                 JARARODA TEH. VIJAYRAGHAV GARH KATNI
                                 (MADHYA PRADESH)

                           3.    SURESH PRASAD S/O JAGGU VISHWAKARMA
                                 JARARODA TEH. VIJAYRAGHAV GARH KATNI
                                 (MADHYA PRADESH)

                           4.    URMILA BAI D/O JAGGU VISHWAKARMA
                                 PATHARA, TEH. BADWARA (MADHYA PRADESH)

                           5.    AYODHYA PRASAD S/O JAGGU VISHWAKARMA
                                 MAHGAWA, POST BARCHHEKA, TEH. BADWARA
                                 (MADHYA PRADESH)

                           6.    SUGIYA BAI W/O LATE JAGGU VISHWAKARMA
                                 JARARODA TEH. VIJAYRAGHAV GARH KATNI
                                 (MADHYA PRADESH)

                           7.    STATE OF MADHYA PRADESH THROUGH THE
                                 COLLECTOR KATNI KATNI (MADHYA PRADESH)

Signature Not Verified
Signed by: TRUPTI GUNJAL
Signing time: 07-Feb-23
10:53:46 AM
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                           8.    BABU BAI (BETI BAI) W/O BRIJENDRA MOHAN
                                 D W I V E D I GAURATALAL TEH. VIJAY KAG
                                 RAGHARH DISTT. KATNI (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (SHRI AMITABH BHARTI - ADVOCATE FOR RESPONDENTS NO.1 TO 6,
                           MS.PAPIYA GHOSH - PANEL LAWYER FOR RESPONDENT NO.7/STATE
                           AND SHRI M.P.SHUKLA - ADVOCATE FOR RESPONDENT NO.8)

                                 T h is appeal coming on for order this day, t h e cou rt passed the
                           following:
                                                            JUDGMENT

This misc.appeal, under Order 43 Rule 1(u) of CPC, has been filed against the order dated 29.02.2012 passed by First Additional District Judge, District Katni in MJC No.34/2009, by which the application filed by the

appellant under Order 9 Rule 13 of CPC, has been dismissed.

2. Today by a separate order, First Appeal No.614/2017 filed by the defendant no.2 Bebi Bai Dwivedi has been allowed and an ex parte decree passed against the defendant no.2 Bebi Bai has been set aside.

3. It is true that the appellant was duly served and had also engaged his counsel and the counsel had filed his Vakalatnama and thereafter for no good reason, he did not appear before the trial court. From the ordersheets of the trial court, it is clear that on several dates the counsel for appellant had appeared, however, on 16.03.2004 neither the counsel for the appellant nor the appellant appeared before the trial court and on the very same date, affidavit under Order 18 Rule 4 CPC was filed by the plaintiff and the plaintiff closed his evidence and the case was fixed for final arguments.

4. In the light of the order passed today in First Appeal No.614/2017, by which an ex parte decree passed against the co-defendant has been set aside, it is not necessary for this Court to consider as to whether, the absence of the

Signature Not Verified appellant on 16.03.2004 was bonafide or not? Signed by: TRUPTI GUNJAL Signing time: 07-Feb-23 10:53:46 AM

5. Accordingly, in the light of order passed today in First Appeal No.614/2017, this appeal is also allowed. The ex parte decree dated 29.02.2012 passed against the defendant no.1/appellant is hereby set aside.

6. The parties are directed to appear before the trial court on 20.03.2023.

(G.S. AHLUWALIA) JUDGE TG /-

Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 07-Feb-23 10:53:46 AM