Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 4867 of 2019 Petitioner :- Bank Of Baroda And Another Respondent :- Neetu Vikal And 8 Others Counsel for Petitioner :- Ashok Trivedi,Shivani Trivedi
Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 24.09.2018 the trial court has set-aside the ex parte judgment and decree dated 12.02.2004 in Original Suit No. 448 of 1997 in exercise of power under Order 9 Rule 13 C.P.C.
The petitioner has remedy of filing revision against the said order under Section 115 C.P.C.
Consequently, this Court declines to entertain the challenge in exercise of supervisory power under Article 227 of the Constitution. The petitioners are relegated to the alternative remedy of filing revision under the C.P.C.
The petition stands disposed of.
Certified copy of the impugned order shall be returned to learned counsel for the petitioner after retaining a photocopy on record.
Order Date :- 25.7.2019 VR (Manoj Kumar Gupta, J.)