Durgesh Kumar Sharma vs Rajveer Singh
2023 Latest Caselaw 15670 MP

Citation : 2023 Latest Caselaw 15670 MP
Judgement Date : 22 September, 2023

Madhya Pradesh High Court

Durgesh Kumar Sharma vs Rajveer Singh on 22 September, 2023

Author: Anand Pathak

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        MP No. 5652 of 2023
                                           (DURGESH KUMAR SHARMA Vs RAJVEER SINGH AND OTHERS)

                           Dated : 22-09-2023
                                 Shri Gopal Prasad Chourasiya - Advocate for the petitioner.

                                 1. Heard on admission/stay.
                                 2 . The present petition under Article 227 of the Constitution has been
                           preferred by the petitioner taking exception to the order dated 04.09.2023
                           passed by the VI Civil Judge, Senior Division, Gwalior, whereby application
                           under Order VII        Rule 14(3) of the Cr.P.C. preferred at the instance of

                           respondent No.1/plaintiff has been allowed and power of attorney dated

22.03.2022 has been taken on record.

3. Such power of attorney could not have been taken on record because power of attorney holder cannot be substitute the plaintiff. Counsel relied upon the judgment of Apex Court in the case of Madan Singh Raghuvanshi Vs. Reena w/o Badri Raghuvanshi and others reported in 2022 (3) MPLJ 86.

4 . At such belated stage without filing of affidavit in support of application and without signing the application, application under Order VII Rule 14(3) of the Cr.P.C. has been allowed.

5 . Issue notice to the respondents on payment of process fee within seven working days, through RAD mode, failing which the petition shall stand dismissed without further reference to this Court.

6. Notice be made returnable within four weeks. 7 . Till next date of hearing, proceedings pending before the trial court shall remain stayed.

8. List this case in the week commencing 06.11.2023. Signature Not Verified Signed by: RASHID KHAN Signing time: 22-09-2023 06:51:05 PM

(ANAND PATHAK) JUDGE Rashid

Signature Not Verified Signed by: RASHID KHAN Signing time: 22-09-2023 06:51:05 PM