1. Vide this petition under Article 227 of the Constitution of India, petitioner takes exception to order dated 12.10.2017 whereby the trial Court rejected an application under section 30 Code of Civil Procedure, 1908 whereby in a proceeding under section 47 Code of Civil Procedure, the petitioner sought interrogatories from the respondent.

2. Petitioner is a judgment debtor in an eviction suit and having been unsuccessful in first appeal and second appeal against the eviction decree has taken recourse to an application under section 47 Code of Civil Procedure seeking setting aside of the decree on the contentions that because of the death of the co-plaintiff, no cause survived and the decree is a nullity being against dead person. Another objection raised by the petitioner is that the owner having parted with the title, the respondent-plaintiff had no right left in her as a landlord.

3. The trial Court having found that the objection raised in the application under section 47 Code of Civil Procedure and the interrogatories sought is in relation to those very issues which have been settled by the trial Court, first appellate Court and second appellate Court dismissed the application.

4. After hearing learned counsel for the petitioner at length and perusing the decisions in Union of India v. Shree Ram Bohra and others [AIR 1965 SC 1531], Babu Sukhram Singh v. Ram Dular Singh and others [AIR 1973 SC 204], Mukhtiar Singh and another v. Kishan Kaur (Smt.) and others [(1996) 7 SCC 299], Ammu Ammal v. Venkitadri Iyer [1980 KLT 929], A.K. Aggarwal and another v. Smt. Shanti Devi and Another [1996 AIHC 3391], Smt. P. Seethanlnla and ors. v. P. Ramarkrishna Reddy and Ors [1997 AIHC 2779], Chandra Bhan Singh v. IIIrd Additional District Judge, Gonda, and Others. [ARC 1995 (2) 184], Bhola Nath v. Mohammad Ibrahim and another [1987 ALL. L. J. 115], Mangat Ram and another v. Sardar Meharban Singh and others. [AIR 1987 SC 1656], Chandrika Misir and Another v. Bhaiyalal [AIR 1973 SC 2391] and Union of India v. S.B. Singh [AIR 1988 ALL. 225], this Court finds no merit in the contention that the trial Court erred in law in rejecting the application.

5. The petitioner, a judgment debtor, to evade the eviction has taken recourse to the application under section 47 Code of Civil Procedure after having lost the Suit, first appeal and second appeal on the same very grounds mentioned in the application under section 47 Code of Civil Procedure.

6. There being no bona fide on the part of the petitioner, the petition is dismissed with cost of Rs. 5,000/- (Five thousand) to be deposited with “High Court of Madhya Pradesh Middle Income Group Legal Aid Society” within 30 days. Non-deposit of cost would be treated as willful disobedience of the order.