Shaileshwari Prasad vs Oriental Bank Of Commerce on 25 February, 2009

Jharkhand High Court
Shaileshwari Prasad vs Oriental Bank Of Commerce on 25 February, 2009
                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Miscellaneous Appeal No. 335 of 2008.
                                     ---

                Shaileshwari Prasad        ...      ...     ...     ...     ...      Appellant

                                           Versus

                Oriental Bank of Commerce         ...     ...     ...     ...      Respondent
                                           ---

                CORAM: HON'BLE MR. JUSTICE RAMESH KUMAR MERATHIA

                                           ---

                For the Appellant  : M/s. Manjul Prasad, Senior Advocate and Arbind
                                           Kumar Srivastava, Advocate.
                For the Respondents: None.
                                       ---

3. 25.2.2009

. This appeal has been filed against the order dated 5.9.2008 passed by
Sub Judge-IV, Ranchi in Miscellaneous Case No. 2 of 2008, rejecting the
petition filed by the petitioner-appellant, under Order IX Rule 13 of the
Code of Civil Procedure, for setting aside the ex parte judgment passed as
far back as on 25.3.1995 in Money Suit No. 76 of 1992 filed by the
respondent Bank.

According to the appellant, after receiving warrant from the court of
Debt Recovery Tribunal, Ranchi, he filed the said petition in the court
which passed the decree.

The learned court below has rightly rejected the said petition on the
ground that it has got no jurisdiction to entertain the same.

Moreover, the appellant filed the said petition for setting aside the
ex parte decree after about 13 years. Apparently, the appellant has been
trying to delay the recovery of the amount.

Accordingly, this miscellaneous appeal is dismissed. However, no
costs.

(R. K. Merathia, J)

AKS.Cp.2.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes:

<a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

* Copy This Password *

* Type Or Paste Password Here *