Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9747 of 2018 Petitioner :- Ram Kumar Gupta Respondent :- Civil Judge (Junior Division) Jaunpur And 7 Others Counsel for Petitioner :- Mool Chandra Mishra
Hon'ble Mrs. Sunita Agarwal,J.
This is defendants petition arising out of the Original Suit No.699 of 2011 (Satya Narayan & Anr. v. Ram Kumar Gupta) which has been decided ex-parte on 20.12.2013. The petitioner/defendant had filed an application for recall of ex-parte decree under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (in short C.P.C.) on 10.10.2014, which has been registered as Misc. Case No.178 of 2014 (Ram Kumar Gupta v. Satya Narayan & Anr.). It is admitted to the learned counsel for the parties that the aforesaid application i.e. misc case is pending consideration before the trial court.
However, learned counsel for the respondent nos. 2/1 to 2/3 and respondent no.3 i.e. the plaintiff submits that the ex-parte decree has already been executed on 16.11.2018 and possession has been delivered to the plaintiff, in execution of the said decree. The application under Order 9 Rule 13 C.P.C. for recall of the decree is, thus, rendered infructuous. It is further submitted that another application under Order 9 Rule 13 C.P.C. has been filed by the petitioner/defendant on 19.11.2018 with the prayer that the proceedings of Execution Case No.1 of 2015 be quashed and the ex-parte decree be recalled.
Submission is that repeated applications filed for the same purpose would show that the intention of the plaintiff/petitioner is not bonafide and he has tried to avoid the decree and, moreover, the execution has been made after hearing him.
Be that as it may, in view of the admitted fact that both the applications namely Misc. Case No.178 of 2014 (Ram Kumr Gupta v. Satya Narayan & Anr.) and Misc. Case No.290 of 2018 (Ram Kumar v. Hiralal & Ors.) are pending consideration before the trial court in Original Suit No.699 of 2011 (Satya Narayan & Anr. v. Ram Kumar Gupta), whatever objections are being taken here can very well be taken by the respondents before the trial court.
The direction is, thus, issued to the trial court to decide the applications as noted hereinabove, as expeditiously as possible, preferably, within a period of two months from the date of submission of certified copy of this order. It goes without saying that no unnecessary adjournment would be granted to any of the parties and, in case, of any such adjournment appropriate cost shall be imposed upon the party concerned.
The present petition is, accordingly, disposed of. Order Date :- 25.1.2019 Jyotsana