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2016 Supreme(Chh) 498

CHANDRA BHUSHAN BAJPAI
Gajadhar S/o Ramchandi – Appellant
Versus
Ramprasad S/o Late Shivcharan – Respondent


Advocates Appeared:
For the Petitioner:Mr. Pushpendra Kumar Patel, Advocate
For the Respondents:Mr. Malay Shrivastava, Advocate, Ms. M. Asha, Panel Lawyer

JUDGMENT :

Shri Chandra Bhushan Bajpai, J.

1. Heard the matter on admission.

2. Facts, in brief, required for disposal of the instant WP(227) are that Civil Suit No.30A/11 (Ramprasad v. Gajadhar and 6 others) is pending before the Civil Judge Class-I Baikunthpur, District Koria, C.G. In the said proceeding the petitioner's/defendant D-1's opportunity to file written statement has been closed by the trial Court vide order dated 15-01-2013. Against the said order the petitioner/defendant D-1 preferred WP(227) No.148/2013. Vide order dated 24-09-2013, this Court held that since there is no any illegality, irrationality, procedural impropriety or error on the face of the record warranting interference with it in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India. Accordingly, as the petition failed and the same was dismissed. Against the order of this Court, the petitioner preferred special leave to appeal before Hon'ble the Apex Court. Thereafter, on 18-11-2013 the petitioner/defendant D-1 filed cross-suit. The Court below vide order dated 04- 08-2015 disposed of interim application No.8 as preliminary objection regarding the rejection of the said cro



























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