Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 3876 of 2018 Petitioner :- Ved Prakash Mishra Respondent :- Hari Das Binani And 3 Others Counsel for Petitioner :- Siddharth Niranjan,Dharampal Singh, Sr. Advocate Counsel for Respondent :- Munne Lal
Hon'ble Vivek Kumar Birla,J.
Heard Sri Dharampal Singh, learned Standing Counsel assisted by Sri S. Niranjan, learned counsel for the petitioner and Sri Ramendra Asthana, Advocate holding brief of Sri M.L. Maurya, learned counsel for the respondents.
At the very outset, learned counsel for the petitioner prays that he may be permitted to correct the prayer clause.
Prayer is allowed. He may do so during the course of the day.
Present petition has been filed for setting aside the order dated 11.4.2018 passed by the Additional District Judge, Court No. 12, Kanpur Nagar in Civil Revision No. 99 of 2017.
At the very outset, Sri Asthana has taken a preliminary objection that the present petition under Article 227 of the Constitution of India is not maintainable as the regular appeal is maintainable against the aforesaid order as per sub-section 2 of Section 2 CPC, which provides that the decree shall be deemed to include the rejection of plaint.
Learned counsel for the petitioner prays that he may be permitted to withdraw the present petition with liberty to avail appropriate remedy.
Present petition is accordingly dismissed as withdrawn with liberty aforesaid.
Office is directed to return the certified copies to the learned counsel for the petitioner within two days after keeping photocopies of the same.
Learned counsel for the petitioner undertakes to serve a copy of the appeal to the learned counsel for the respondent when the appeal is filed.
Order Date :- 28.5.2018 Lalit Shukla