Shobha Gujral vs. Pawan Kumar Gujrals

Court No. - 30

Case :- MATTERS UNDER ARTICLE 227 No. - 2211 of 2018

Petitioner :- Smt. Shobha Gujral Respondent :- Pawan Kumar Gujrals And 2 Others Counsel for Petitioner :- Narendra Mohan Counsel for Respondent :- Suresh Kumar Gupta

Hon'ble Vivek Kumar Birla,J.

Heard Sri Narendra Mohan, learned counsel for the petitioner and Sri Suresh Kumar Gupta, learned counsel appearing for the respondent no. 2.

Present petition has been filed for setting aside the order dated 12.2.2018 passed by the District Judge, Kanpur Nagar in Civil Revision No. 29 of 2017 as well as order dated 17.8.2017 passed by the Vth Additional Chief Metropolitan Magistrate, Kanpur Nagar in Suit No. 690 of 2003 (Roshan Lal vs. Smt. Shobha Gujral).

By the impugned order dated 17.8.2017 the application filed by the petitioner, for recalling the orders dated 29.1.2009 and 19.2.2009 on the ground that the same were decided exparte, has been rejected. Thereafter, the revision filed by the petitioner has also been rejected.

Submission of learned counsel for the petitioner is that admittedly the file was transferred on 30.1.2009 and it is alleged that Rule 89-A of the General Rules Civil has not been complied with.

Per contra, learned counsel for the respondent has supported the impugned order.

I have considered the submissions and have perused the record.

The issue no. 11 was to the effect for impleadment of necessary party and issue no. 12 was regarding valuation of court fees. Issue no. 12 was decided by the order dated 29.1.2009 and issue no. 11 was decided by the order dated 19.2.2009. It is also not in dispute that on 1.8.2009 the petitioner appeared in the proceedings before the court and was participating till the filing of the application for recall application paper no. 105-Ga (2) on 16.3.2009. The application was filed admittedly almost about after 7 years of the disposal of such issues.

Under such circumstances, I do not find any legal infirmity in the order impugned herein.

Present petition is devoid of merits and is accordingly dismissed.

Order Date :- 30.4.2018 Lalit Shukla