IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE HIMANSHU JOSHI

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ON THE 13 OF OCTOBER, 2025 MISC. APPEAL No. 3832 of 2005 P.D.MAHESHWARI Versus MP.AGRO INDUSTRIES CORPORATION LTD.

Appearance:

Shri Saket Agrawal - Advocate for the appellant.

Shri Jai Shukla - Advocate for the respondent.

ORDER The instant appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 [for short 'CPC'] , has been filed by the appellant being aggrieved with the order dated 25.10.2005 passed by IX Additional District Judge, Bhopal, in M.J.C. No.35/2004 whereby the learned Court has rejected the application under Order 9 Rule 13 r/w Section 151 of CPC filed along with an application under Section 5 of the Limitation Act for setting-aside the ex-parte judgment and decree dated 25.02.2000 passed in C.S. No.34-

B/91 by IX Additional District Judge, Bhopal.

2. Brief facts of the case are that the respondent/plaintiff had filed a suit for recovery of an amount of Rs.32,792/- with interest @12% per annum. The learned trial Court had passed an ex-parte judgment and decree dated 25.02.2000 and ex-parte proceedings were initiated against the appellant/defendant on 05.10.1993. The execu