Divya Singh Vs Pratap Singh Thakur @ Ballu And Ors

Chhattisgarh High Court 6 Aug 2019 WP227 No. 610 Of 2019 (2019) 08 CHH CK 0047
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

WP227 No. 610 Of 2019

Hon'ble Bench

Sanjay K. Agrawal, J

Advocates

C.K. Sahu

Final Decision

Dismissed

Acts Referred
  • Code Of Civil Procedure 1908 - Order 9 Rule 9, Order 43 Rule 1(c)
  • Constitution Of India, 1950 - Article 227

Judgement Text

Translate:

Sanjay K. Agrawal, J

1. By the impugned order dated 08/04/2019, petitioner's application under Order 9 Rule 9 of the CPC has been rejected by learned 14th Civil Judge,

Class - II, Raipur against which this writ petition under Article 227 of Constitution of India has been preferred by her.

2. I have heard learned counsel for the petitioner at length.

3. By virtue of provisions contained in Order 43 Rule 1 (c) of the CPC, a miscellaneous appeal would lie against the impugned order rejecting the

application under Order 9 Rule 9 of the CPC filed by the petitioner. As such, this writ petition is not maintainable in law.

4. Accordingly, this writ petition stands dismissed. However, petitioner is at liberty to prefer an appeal under Order 43 Rule 1(c) of the CPC in

accordance with law.

5. Certified copy of this order be returned after furnishing attested copy thereof.

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