ORDER

This misc. petition has been preferred by defendant 2/petitioner challenging the order dated 15.09.2022 (Annexure P/15) passed by Addl. Civil Judge Senior Division, Rampur Baghelan, District Satna in Civil Suit No.492- A/2010, whereby learned court below has dismissed the second application under Order 9 Rule 7 CPC r/w section 5 of the Limitation Act.

2. Record shows that previous application under Order 9 Rule 7

CPC was dismissed by the trial court vide order dated 04.02.2017, which was challenged before this Court by filing W.P. No4040/2017. During pendency of W.P. No.4040/2017 there were compromise talks and in pursuance of which the parties filed joint application dated 03.11.2019 in W.P. No.4040/2017 (Annexure P/7) supported by affidavits of petitioner/defendant 2-Smt. Babita Singh and plaintiff-Smt. Abha Singh, which was taken into consideration by this court on 04.12.2019 and in view of the compromise, as mentioned in para 4 of the application dated 03.11.2019, this Court permitted the petitioner to withdraw the writ petition, but later on the compromise could not be arrived at between the parties, therefore, the petitioner moved another application under Order 9

Rule 7 C