Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 5400 of 2019 Petitioner :- Prema Devi Respondent :- Mahila Kalyan Samiti And 2 Others Counsel for Petitioner :- Hari Prakash Singh,Hari Mohan Srivastava Counsel for Respondent :- Jai Narain Mishra
Hon'ble Manoj Kumar Gupta,J.
Heard Shri H.M. Srivastava, counsel for the petitioner and Shri Jai Narayan Mishra, counsel for the plaintiff-respondents. With their consent, the instant petition is being disposed of finally without inviting any formal counter affidavit.
By means of instant petition, the petitioner has challenged the order dated 25.9.2018 passed by trial court in Original Suit No. 110 of 2011, declining to recall order dated 17.11.2012, by which proceedings were directed to be held ex parte against the defendant-petitioner as well as the order dated 2.5.2019 passed by Additional Sessions Judge, Court No.6, Jaunpur dismissing the revision.
After some arguments, the parties agreed for disposal of the instant petition in following terms:-
The impugned orders would stand set aside subject to payment of a cost of Rs. 1,00,000/- (one lakh) by the petitioner- defendant within two weeks from today by means of demand draft drawn in favour of plaintiff No.1.
In case the above condition is complied with, the petitioner will get time of three weeks for filing written statement. Thereafter, the trial court shall proceed with the trial of the suit, by fixing short dates and without granting unnecessary adjournments.
In case of default on part of the petitioner in depositing cost, as stipulated above, the instant petition would stand dismissed automatically.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 30.7.2019 Shashank