Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6513 of 2019 Petitioner :- Devi Singh Respondent :- Civil Judge Junior Division Chhata Mathura And 7 Others Counsel for Petitioner :- Vinay Kumar Pandey
Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant petition is for issuing direction to the trial court to decide application under Order 9 Rule 13 CPC filed by the petitioner for setting aside ex-parte decree dated 3.4.2000 in Original Suit No. 255 of 1994 registered as Misc. Case No. 38 of 2004 (wrongly mentioned as 34 of 2004 in the prayer clause) within a specified time frame.
A perusal of the order sheet reveals that on 26.11.2018 the court has recorded that the proceedings are lying stayed by order of this court. The parties have been directed to file copy of the order of the High Court.
In the entire petition the petitioner has not disclosed about passing of any stay order by this court nor copy of the stay order has been annexed.
In such circumstances, the instant petition is disposed of by providing that the petitioner shall comply with the direction given by the trial court in regard to filing of order of this court before it. The court below shall thereafter, proceed in the matter accordingly, having due regard to the order passed by this court.
(Manoj Kumar Gupta,J.) Order Date :- 29.8.2019 Chandan