Madhya Pradesh High Court

Dilip vs Shantilal on 7 May, 2024

Author: Hirdesh

Bench: Hirdesh

                                                              1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                        FA No. 254 of 2021
                                                     (DILIP Vs SHANTILAL AND OTHERS)

                           Dated : 07-05-2024
                                 Shri Raghvendra Singh Raghuvanshi, learned counsel for the

                           appellant.
                                 Shri Atul Kumar Gupta, learned counsel for the respondent [R-1].

Shri Piyush Shrivastava, learned counsel for the respondent [R-2].

Respondent No.1 has filed an application i.e. I.A. No.3311/2024 under

Section 114 of CPC for reviewing the order dated 13.02.2024.

2. Learned counsel for the respondent No.1 submits that it has wrongly been mentioned in the order-sheet dated 13.02.2024 that respondent has filed reply to the application filed by appellant. He further submits that trial court has not found the case in favour of the plaintiff so it dismissed the case and he did not deposit the agreemental amount before trial court showing readiness and willingness.

3. Learned counsel for the respondent has placed reliance upon the judgments delivered by the Apex Court in the cases of N. Srinivasa Vs. Kuttukaran

Machine Tools Limited, 2009 (5) SCC, 182 a n d C.L. Jain Vs. Gopi Chand, 1989 SCC OnLine Del 420.

4. Heard learned counsel for both the parties.

5. It is true that it was wrongly mentioned in the order-sheet dated 13.02.2024 that reply has been filed by the respondent. But, on perusal of the order-sheet, it is found that learned counsel for the respondent argued the matter and his submissions are mentioned in the order-sheet.

6. In view of the aforesaid, in the considered opinion of this Court, no case is

made out to review the order dated 13.02.2024. Accordingly, I.A. No.3311/2024 is rejected.

This appeal is an admitted appeal.

List the same for final hearing in due course.

(HIRDESH) JUDGE

N.R.