Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 6964 of 2018 Petitioner :- Shiv Saran Agarwal And Another Respondent :- Additional District Judge, Court No. 7 Moradabad And 3 Others Counsel for Petitioner :- Kshitij Shailendra Counsel for Respondent :- Ashok Kumar Singh Bais
Hon'ble Manoj Misra,J.
The petitioners' objection under Section 47 of the C.P.C. was rejected by the trial court by order dated 23.02.2018 on merits. Such an order was reviseable but the petitioner chose to file a recall application claiming that the petitioners were not heard.
The recall application has been rejected by order dated 28.05.2018.
Against the order dated 28.05.2018, this petition under Article 227 of the Constitution of India has been filed.
As the order rejecting the recall application terminates the proceedings as against the petitioners/applicants, a revision would be maintainable against such an order.
Under the circumstances, the Court declines to entertain the petition under Article 227 of the Constitution of India. The petition is dismissed with liberty to the petitioners to file revision against the said order.
Certified copy of the enclosures be returned to the learned counsel for the petitioners after obtaining photocopy thereof.
Order Date :- 31.10.2018 Pkb/