Dilip Kumar Sahu v. Gaindlal Sahu

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No. 178 of 2020 1.

Dilip Kumar Sahu S/o Banshi Ram Sahu, Aged About 38 Years 2.

Banshi Ram Sahu, S/o Late Shri Meharuram Sahu, Aged About 58 Years Both are R/o Village Khairdigi, Tahsil Gurur, District Balod Chhattisgarh ---- Petitioners

Versus

Gaindlal Sahu S/o Shri Samaru Ram Sahu, Aged About 50 Years R/o. Ghoghopuri, Tahsil Gurur, District Balod Chhattisgarh -----Respondent For Petitioners : Mr. R.S. Patel, Advocate Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board / 02 /20 1.

This petition has not been brought against any specific order of the Court below.

2.

It is submitted by the counsel for the petitioner that in Civil Suit No.2-B/2013, before the Court of Second Additional District Judge Balod, District - Balod (C.G.), the petitioners were defendants. An ex-parte judgment and decree dated 26.02.2014 was passed against the petitioners regarding which the petitioners had no knowledge and as soon as they came to know about the ex-parte judgment and decree, they have filed an application under Order 9 Rule 13 of C.P.C., before the same

Page No.2 Court, which is pending.

3.

It is submitted that the petitioners are only praying for expeditious disposal of their application filed for setting-aside the ex-parte judgment and decree.

4.

After considering the submissions made by the counsel for the petitioners, this petition is disposed off and the learned Court below is directed to expedite and dispose of the application filed by the petitioners under Order 9 Rule 13 of C.P.C. preferable within a period of two months from the date this order is communicated to that Court.

5.

Accordingly, the petition is disposed off.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram