Allauddin vs Sayra Bi - 2015 Supreme(MP) 463

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(MP) 463

S.R.WAGHMARE
Allauddin – Appellant
Versus
Sayra Bi – Respondent

Advocates Appeared:
For the Petitioner: Tosif Warsi, learned Counsel.
For the Respondents: Sunil Jain, learned Senior Counsel and Aviral Vikas, learned Counsel.

JUDGMENT :

S.R. Waghmare, J.

1. This review petition has been filed under Section 11 of the M.P. High Court Rules, 2008 for reviewing the order dated 21.01.2015 passed by this Hon'ble Court in M.A. No. 887/2014.

2. Counsel for the petitioner has vehemently urged the fact that the respondent Sayra Bi had filed the aforesaid appeal and had only prayed for setting aside the order dated 06.03.2014 in MJC No. 13/13 by First A.D.J., Sendhwa, Distt. Barwani. Counsel contended that the MJC had been filed by respondent Sayra Bi because an ex-parte decree had been passed against her in Civil Suit No. 3B/11 by the 02nd Additional District Judge, Sendhwa and the MJC had been filed for setting aside the ex-parte decree under Order 9 Rule 13. Unfortunately however this MJC had also resulted in a dismissal primarily on the ground of limitation since Sayra Bi had failed to take prompt action for setting aside the ex-parte decree. Counsel candidly admitted that by the order dated 21.01.2015 passed in Miscellaneous Appeal No. 887/2014, this Court had by way of clemency (since the respondent Sayra Bi was a Pardanashin woman and dependent on her lawyer for conducting her case) by imposing costs of Rs. 3,