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
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
(R. K. Merathia, J)