ORDER :

1. This petition under Article 227 of the Constitution of India has been preferred against the order dated 4/4/2019, passed by the Court of 3rd Additional District Judge, Gwalior in MJC No. 46-A/2015, whereby the application filed by the respondent/State Bank of India under Section 151 of Civil Procedure Code (for brevity “CPC”) was allowed and his application filed under Order IX Rule 13 of CPC bearing MJC No. 26-A/2014 was restored.

2. Brief facts giving rise to this petition are that the petitioner/plaintiff has filed a civil suit bearing No. 16-A/2007 before the Court of 14th Additional District Judge, Gwalior, wherein the respondent/State Bank of India was one of the party as defendant no. 5. The aforesaid civil suit was transferred to the Court of 3rd Additional District Judge, Gwalior and registered as Civil Suit No. 56-A/2009. During the trial of above civil suit, at the stage of defence evidence, respondent did not produce his witness for cross-examination and remained absent, therefore, ex parte judgment dated 15/9/2010 was passed against him. The respondent filed First Appeal before this Court as well as an application under Order IX Rule 13 of CPC before the Court