IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 10 OF JULY, 2024 WRIT PETITION No. 4466 of 2011 SMT. SEEMA NAYAK AND OTHERS Versus SUNIL JAIN AND OTHERS Appearance:

Shri Santosh Agarwal - Advocate for the petitioner.

None ORDER The present petition under Article 227 of the Constitution of India is preferred against the order dated 07.01.2010 passed in MJC No.10/2009 by IInd Civil Judge Class-I Ashoknagar, whereby an application under Order 9 Rule 13 CPC along with application under Section 5 of the Limitation Act for setting aside an ex parte judgment and decree dated 27.04.2004, was rejected. The petitioner is further aggrieved by order dated 25.02.2011 passed in M.A No.15/2010 passed by Ist Additional District Judge, Ashoknagar, whereby the appeal preferred against the order dated 07.01.2010 dismissing the application under Order 9 Rule 13 CPC, was dismissed and the order dated 07.01.2010 was affirmed.

2. Short facts of the case are that the present respondent no.1 had filed suit for recovery of money. In the suit it was averred that predecessor of the petitioner Gopal and Jagjit Singh arrayed as defendant no.1 and 2/plaintif