NIRMALA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Jaffar Naiyyar, Senior Advocate, assisted by Sri Himanshu Mishra, learned Counsel for the petitioner and Sri Mohan Srivastava, learned Standing Counsel for the respondents. The pleadings exchanged between the parties have been perused and with the agreement of the parties, the petition is being finally decided.

(2.) The petitioner has preferred this writ petition against the judgment and order dated 7.1.2012 passed by the Additional District Judge whereby he has set aside the order dated 6.5.2011 passed by the Court of first instance rejecting applications 53C in original suit No. 544 of 2010 and has allowed the Civil Revision No. 39 of 2011.

(3.) The petitioner instituted original suit No. 544 of 2010 for a decree of permanent injunction. In the said suit respondents moved application 53-C for rejecting the plaint as barred by Order IX, Rule 9, C.P.C. on the allegation that the petitioner had earlier filed original suit No. 586 of 2007, Nirmla Devi v. State of U.P. and another which was dismissed in default on 18.11.2009. The aforesaid application of the respondents was rejected by the Court of first instance but in revision the said order has been set aside. Accordingly, petitioner has invoked the writ jurisdiction of the Court.