IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK JAIN

th

ON THE 9 OF JANUARY, 2026

MISC. PETITION No. 5917 of 2025

AKHILESH PATEL

Versus

SMT. KRISHNA PATEL AND OTHERS

Appearance:

Shri Jayant Prakash Patel - Advocate for the petitioner.

Shri Sanjay Kumar Jain - Advocate with Ms. Sonali Jain - Advocate

for respondent No.2.

ORDER

By way of this petition challenge is made to the order dated

03.07.2025 passed by the trial Court whereby the trial Court has rejected the application under Order 9 Rule 7 CPC without passing any specific order

that the petitioner would be entitled to participate in future proceedings. 2. Initially the suit which had been filed in the year 2014 was decided

vide judgment and decree dated 13.07.2018 and the suit was dismissed. Against dismissal of the suit the plaintiff filed appeal before the appellate Court and the appellate Court remanded the matter back to the trial Court for some limited purpose to record evidence in view of the documents produced before the appellate Court under Order 41 Rule 27 CPC and then decide the suit afresh. The present petitioner was ex-parte even before the appellate

Court.

3. After the proceedings restarted before t