Ganesh Prasad Vs. Ramlal

Ganesh Prasad vs Ramlal

Type Court Judgment Court Madhya Pradesh Decided Nov 26, 2012

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https://sooperkanoon.com/case/1045807

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Citation: sooperkanoon.com/1045807
Court: Madhya Pradesh High Court
Decided On: Nov 26, 2012
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Ganesh Prasad

Advocate Shri. Pranay Verma

Respondent

Ramlal

Excerpt

.....the petitioner has filed this petition under article 227 of the constitution of india for quashment of the order dated 29.9.2012, (ann. p-8) passed by the iiird civil judge, class-ii, tikamgarh in mj.no.05/2012, whereby his application filed under order 47, rule 1 of the cpc for reviewing the judgment and decree dated 11.4.2005, (ann. p-2).passed by the ist civil judge, class-i, tikamgarh in co.no.301-a/04 has been dismissed. in the cours.of arguments on admission, i gathered the information from the record as well as from the submission of the counsel that subsequent to passing the aforesaid judgment and decree, (ann. p-2) the same was appealed by the concerning defendants of the suit under section 96 of the cpc and by dismissing such appeal such decree has been upheld against which second appeal no.323/07 is pending before this court for consideration of admission. in response of some query counsel for the petitioner fairly submits that in firs.appeal no cross objection has been filed on behalf of the petitioner with respect of the situation raised in the impugned review petition. i am apprised by the petitioner's counsel that initially to rectify the alleged mistake in the decree an application under section 151, r/w section 152 of cpc was filed in the trial court. the same was dismissed on merits, on which the petitioner approached to this court by way of civil revision no.360/2010, which was dismissed as withdrawn by extending a liberty to the petitioner to file review petition before the trial court vide order dated 4.10.2010, (ann. p-5).pursuant to that the impugned review petition was filed and the same has been dismissed by the impugned order. on asking the petitioner's counsel that after affirming the impugned judgment and decree by the ist appellate court and in view of pendency of second appeal against such decree at the instance of respondents, how the review petition could have been entertained by the trial court and pursuant to it, how this writ.....

Full Judgment

Writ Petition No.18791/2012 26.11.2012 Shri Pranay Verma, learned counsel for the petitioner.

He is heard on the question of admission.

The petitioner has filed this petition under Article 227 of the Constitution of India for quashment of the order dated 29.9.2012, (Ann.

P-8) passed by the IIIrd Civil Judge, Class-II, Tikamgarh in MJ.No.05/2012, whereby his application filed under Order 47, Rule 1 of the CPC for reviewing the judgment and decree dated 11.4.2005, (Ann.

P-2).passed by the Ist Civil Judge, Class-I, Tikamgarh in Co.No.301-A/04 has been dismissed.

In the couRs.of arguments on admission, I gathered the information from the record as well as from the submission of the counsel that subsequent to passing the aforesaid judgment and decree, (Ann.

P-2) the same was appealed by the concerning defendants of the suit under Section 96 of the CPC and by dismissing such appeal such decree has been upheld against which Second Appeal No.323/07 is pending before this court for consideration of admission.

In response of some query counsel for the petitioner fairly submits that in fiRs.appeal no cross objection has been filed on behalf of the petitioner with respect of the situation raised in the impugned review petition.

I am apprised by the petitioner's counsel that initially to rectify the alleged mistake in the decree an application under Section 151, r/w Section 152 of CPC was filed in the trial court.

The same was dismissed on merits, on which the petitioner approached to this court by way of Civil Revision No.360/2010, which was dismissed as withdrawn by extending a liberty to the petitioner to file review petition before the trial court vide order dated 4.10.2010, (Ann.

P-5).Pursuant to that the impugned review petition was filed and the same has been dismissed by the impugned order.

On asking the petitioner's counsel that after affirming the impugned judgment and decree by the Ist Appellate Court and in view of pendency of Second Appeal against such decree at the instance of respondents, how the review petition could have been entertained by the trial court and pursuant to it, how this writ petition could be entertained then instead to reply such query the petitioner's counsel seeks for and is granted the period of 15 days for further arguments on admission.

(U.C.Maheshwari) Judge bks

Same Court & Year Madhya Pradesh · 2012 Same Parties Ganesh Prasad vs Ramlal Same Subject Education