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2025 DAILYLAW 54232 (ALL)

SHAUKAT ALI v. MOHD. SHAHID @ BHUTTO (SINCE DECEASED) AND 5 OTHERS

A227/5097/2025 · 2025-05-16

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82067 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5097 of 2025 Petitioner :- Shaukat Ali Respondent :- Mohd. Shahid @ Bhutto (Since Deceased) And 5 Others Counsel for Petitioner :- Lalit Kumar Counsel for Respondent :- Rahul Pandey Hon'ble Rohit Ranjan Agarwal,J. The plaintiff had instituted a civil suit which was decreed ex-parte. The defendant-judgment debtor had filed an application under Order IX Rule 13 CPC along with an application under Section 5 of Limitation Act for condonation of delay. The application under Section 5 was allowed and the delay in filing the application under Order IX Rule 13 CPC was condoned. Against the said order, the defendant had filed a revision. In the meantime, the application filed under Order IX Rule 13 got dismissed for want of prosecution. Against the said order, a restoration application was moved by defendant which was dismissed against which a revision has been filed which has been allowed by court below remanding back to trial court to consider the matter afresh. After hearing learned counsel for the parties, this Court finds that the order impugned is a remand order and the matter has been remanded back to trial court to consider the restoration application filed by defendant-judgment debtor afresh. No case for interference is made out. Writ petition fails and is hereby dismissed. The trial court is directed to proceed with restoration application and decide the same expeditiously within a period of two months, from the date of production of certified copy of this order. Order Date :- 17.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad