Mahendra Singh Rajpoot vs K C Singh Rajpoot
2024 Latest Caselaw 6428 MP

Madhya Pradesh High Court

Mahendra Singh Rajpoot vs K C Singh Rajpoot on 1 March, 2024

                                                                 1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                         MP No. 1162 of 2024
                                          (MAHENDRA SINGH RAJPOOT Vs K C SINGH RAJPOOT AND OTHERS)

                           Dated : 01-03-2024
                                 Shri Sanjeev Tiwari - Advocate for petitioner.

                                 Shri G. K. Agrawal - Government Advocate for State.
                                 Heard learned counsel for petitioner.
                                 By the impugned order, learned Lower Court rejected the application of
                           the petitioner under Order 16 Rule 1 & 6 CPC.
                                 It has been submitted by learned counsel for petitioner that in the

                           impugned order Lower Court wrongly applied the judgment even though fact
                           are different in the case. He relied upon the judgment of Kasturi Bai Vs. Umeshi
                           Saini, 2017 (3) MPLJ 160.
                                 Matter requires consideration.
                                 Issue notice to the respondents on payment of process fee by registered

as well as ordinary mode within seven days. Notices be made returnable within eight weeks.

In the meantime, respondents may file counter affidavit, if any. I.A. No.1665/24, which has been filed to stay proceeding of case

No.910A/2022 pending in the Lower Court.

It would be appropriate to have the response from the respondents before passing any ex-parte order.

Issue notice to the respondents on I.A. No.1665/24 on payment of process fee by registered as well as ordinary mode within seven days. Notices be made returnable within eight weeks.

List after service of notice.

(RAJENDRA KUMAR-IV) JUDGE Rohit