Suleman and Another v. Naushad

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 11749 of 2023 Petitioner :- Suleman And Another Respondent :- Naushad Counsel for Petitioner :- Mohd Zubair Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the petitioners and perused the record.

¶2The petitioners have preferred the present petition with the prayer to set aside the order dated 30.05.203 passed by the1. Heard learned counsel for the petitioners and perused the record.

¶3The petitioners have preferred the present petition with the prayer to set aside the order dated 30.05.203 passed by the Civil Judge (junior Division) Garhmuktehwar Hapur in Civil Suit No.177 of 2022 (Naushad Vs. Suleman and another).

¶4It reveals from perusal of the aforesaid order, it is clear that the aforesaid order has been passed in an ex-parte manner. It is settled that again an ex-parte order, two remedy is available to the petitioner:-

(1) to challenged the aforesaid order by filing appeal as provided in the C.P.C.

(2). to file recall application.

¶5In this view of the matter, this Court is of the opinion that since the petitioner has efficacious remedy, the petition is not maintainable.

¶6Accordingly, the present petition is dismissed. Order Date :- 21.11.2023 saqlain High Court of Judicature at Allahabad