2024 Supreme(Online)(MP) 20055
HIGH COURT OF MADHYA PRADESH
Ram Bihari – Appellant
Versus
Smt. Uma Gautam – Respondent
MP 71/2024
Rupesh Singh Thakur,Advocate General
ORDER
This petition under Article 227 of Constitution of India has been filedagainst order dated 03.03.2023 passed by Fourth Civil Judge Junior Division, Rewa in Civil Suit No.7/2020 by which application filed by petitioners underOrder 11 Rule 14 C.P.C. was rejected. 2. It is fairly conceded by counsel for petitioners that impugned order was passed on 03.03.2023 and 11 months have passed thereafter. At the timewhen the application under Order 11 Rule 14 C.P.C. was filed, writtenstatement was not filed and even application under Order 39 Rule 1 & 2 C.P.C. was pending.
3. Since counsel for petitioners is not aware of latest stage of trial, therefore, this petition is dismissed with an observation that if petitioners file similar application at an appropriate stage, then the same shall be reconsideredwithout getting influenced or prejudiced by order dated 03.03.2023 becauseorder dated 03.03.2023 has been passed mainly on the basis of stage and not on its own merits.
(G.S. AHLUWALIA) JUDGE vc