MOHAR MANIYA Vs. RAMSHARAN

JUDGEMENT

(1.) This Petition has been filed challenging the order dtd. 3/12/2018 passed by the 3rd Civil Judge, Clas-1, Surajpur, District Surajpur in Civil Suit No.57-A/2012 whereby for non-payment of PF, the suit has been dismissed under Order 9 Rule 5 of CPC, 1908 (for short "the CPC").

(2.) Shri Sinha, learned Counsel for the Petitioner submits that the the Petitioner has instituted a suit in the year 2012 for declaration of title and partition in which Defendant No.7/State is a formal party. He further submits that the trial Court has directed the Plaintiff to pay PF for issuance of notice to the State/Defendant No.7 but the Plaintiff has failed to do so, therefore, the trial Court has, by the impugned order, dismissed the suit in respect of all the Defendants which is not permissible under Order 9 Rule 5 of the CPC. He further submits that since Defendant No.7 is only a formal party and no relief was sought against them, therefore, dismissal of the suit is not justified and prays to set aside the impugned order.

(3.) On the other hand, Shri Gupta submits that the Petitioner has not complied with the order of the Court below for several years and therefore, the impugned order was passed and if the Revision is to be allowed, then suitable cost has to be imposed upon him.