Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 442 of 2019 Petitioner :- Sushila Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajesh Pathik Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
The prayer in the present petition is to issue a direction to the trial court to decide the application filed under Order 9 Rule 13 CPC on 2.7.2018 within stipulated period.
By means of the said application, the petitioner is seeking to recall the decree dated 30.5.2014 in Original Suit No. 145 of 2013 (Smt. Sushila Devi vs. Sri Mahendra Pal Singh and others).
On a pointed query made by the Court, learned counsel for the petitioner could not demonstrate that the opposite party has been served with the notice though he asserts that the petitioner/recall applicant has taken steps for service of notice on the opposite party.
Be that as it may, perused the order sheet, without expressing any opinion as to the merits of claim of the petitioner, the present petition is being disposed of with the direction to the Civil Judge (Junior Division), Jalesar, Etah to make an endeavour to decide the restoration application filed under Order 9 Rule 13 CPC, as expeditiously as possible, from the date of submission of certified copy of this order, after due notice to the opposite party.
Order Date :- 28.2.2019 Brijesh