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Mohd. Areeb Vs Mohd. Ameen And Others

Case No: Miscellaneous Petition No. 6028 Of 2022

Date of Decision: Dec. 9, 2022

Acts Referred: Code Of Civil Procedure, 1908 — Section 151, Order 39 Rule 1, Order 39 Rule 2

Hon'ble Judges: Vivek Agarwal, J

Bench: Single Bench

Advocate: Ankit Saxena

Final Decision: Disposed Of

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Judgement

Vivek Agarwal, J

Petitioner's only grievance is that he is in agreement with the impugned order except minor observations made therein rejecting an application under

Section 151 of CPC. It is submitted that it may be observed that while deciding the application under Order 39 Rule 1 and 2, CPC, learned 11th Civil

Judge, Senior Division, Bhopal shall be influenced by its impugned order dated 28/10/2022 while deciding an application under Section 151, CPC.

This innocuous prayer is allowed.

It is directed that the trial Court will not be influenced by any of the observations made in the impugned order and shall decide the application under

Order 39 Rule 1 and 2, CPC.

With the aforesaid observations, this petition is disposed of.