Deep Prakash Sen vs Chanchal Sen
2023 Latest Caselaw 16291 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                              ON THE 4 th OF OCTOBER, 2023
                                            REVIEW PETITION No. 954 of 2023

                          BETWEEN:-
                          DEEP PRAKASH SEN S/O GANESH PRASAD SEN, AGED
                          ABOUT 36 YEARS, OCCUPATION: SERVICE R/O VILLAGE
                          HIROUD TEHSIL MAJHGAWAN AT          PRESENT R/O
                          MANDAKANI VIHAR COLONY CIVIL LINE SATNA
                          (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI ARVIND KUMAR SHRIVASTAVA - ADVOCATE)

                          AND
                          CHANCHAL SEN W/O DEEP PRAKASH SEN, AGED
                          ABOUT 30 YEARS, OCCUPATION: D/O AJAY KUMAR
                          SHRIVAS R/O HOUSE NO. 95 GORA BAZAR (LATTHA
                          PANDEY KA BAGICHA) POLICE STATION CANTT.
                          JABALPUR (MADHYA PRADESH)

                                                                                        .....RESPONDENT


                                This petition coming on for admission this day, th e court passed the

                          following:
                                                             ORDER

Heard on I.A.No.14110/2023, which is an application under Section 5 of the Limitation Act for condonation of delay.

Registry has reported this review petition to be barred by 45 days. For the reasons mentioned in the application, delay of 45 days being bonafide, deserves to be and is hereby condoned.

Accordingly I.A No.14110/2023 is allowed/disposed off. This review petition has been preferred by the petitioner challenging the Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 10/5/2023 11:10:02 AM

order dated 16.06.2023 passed in Civil Revision No.341/2018.

Learned counsel for the petitioner submits that because no application for condonation of delay was filed, therefore, the application filed under Order 9 Rule 13 CPC, challenging exparte judgment and decree dated 27.09.2017, could not have been entertained by learned Court below.

Reiterating the same arguments which were advanced during the course of hearing of civil revision, learned counsel submits that the order dated 16.06.2023 is not sustainable.

After perusal of the record, as well as the impugned the order this Court does not find any error in the impugned order dated 16.06.2023.

Resultantly, the review petition fails and is hereby dismissed. Pending application(s), if any, shall stand dismissed.

(DWARKA DHISH BANSAL) JUDGE SN

Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 10/5/2023 11:10:02 AM