W.P. No. 7175/2010 23.06.2010
This petition is directed against the order Annexure-P-1 dated
29.1.2009 passed by Civil Judge, Class-I, Khurai in MJC No.24/2002
by which an application filed under Order 9 Rule 9 CPC was dismissed.
Against an order under Rule 9 of Order 9 rejecting an application
an appeal is provided under Order 43 Rule 1 ( c) of the Code of Civil
Procedure, 1908.
Petitioner is having efficacious remedy of filing miscellaneous
appeal against such order so at this stage this petition is not
entertained and is dismissed with liberty to the petitioner to avail
efficacious statutory remedy.
Office to return certified copy of the order to the petitioner if he
appears in the office along with photocopy of the order which shall be
retained by the office in the record. No order as to costs.
(Krishn Kumar Lahoti) (J.K. Maheshwari)
Judge Judge
ap