LAWS(CHH)-2018-9-186

SAYED NAIR HASAN Vs. SANTI SINGH

Decided On September 13, 2018
Sayed Nair Hasan Appellant
V/S
Santi Singh Respondents

JUDGEMENT

(1.) This writ petition is directed against the order dated 8.5.2018 passed by the trial Court rejecting the petitioner's/judgment debtor's application under Order 21 Rule 29 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter called as "CPC").

(2.) Mr.B.P.Singh, learned counsel for the petitioner/judgment-debtor, would submit that the order passed by the trial Court is unsustainable and bad in law as present is a fit case where the trial Court ought to have exercised discretion vested in it under Order 21 Rule 29 of the CPC.

(3.) I have heard learned counsel for the petitioner and perused the impugned order and other documents annexed with the writ petition.