REGENT COMPUTRONICS PVT. LTD.

Ganga Devi And 3 Others Appellant

V/S

VIJAI LAXMI Respondents

Referred Judgements :-

D N BANERJI VS. P R MUKHERJEE [REFERRED TO]
WARYAM SINGH VS. AMARNATH [REFERRED TO]
NAGENDRA NATH BORA LIKHIRAM COMMISSIONER OF HILLS DIVISION AND APPEALS ASSAM RAFIULLAH KHAN VS. COMMISSIONER OF HILLS DIVISION AND APPEALS ASSAM:BHANURAM PAGU:BHANURAM PEGU:AMULYA PRASAD CHALIHA [REFERRED TO]
MOHAMMAD YUNUS VS. MOHAMMAD MUSTAQIM [REFERRED TO]
LAXMIKANT REVCHAND BHOJWANI VS. PRATAPSING MOHANSINGH PARDESHI [REFERRED TO]
RENA DREGO VS. LALCHAND SONI [REFERRED TO]
CHANDRABHUSHAN VS. BENI PRASAD [REFERRED TO]
VIRENDRA KASHINATH RAVAT VS. VINAYAK N JOSHI [REFERRED TO]
SAVITA CHEMICALS PRIVATE LIMITED VS. DYES AND CHEMICAL WORKERS UNION [REFERRED TO]
SAVITRABAI BHAUSAHEB KEVATE VS. RAICHAND DHANRAJ LUNJA [REFERRED TO]
AJAIB SINGH VS. SIRHIND CO OPERATIVE MARKETING CUM PROCESSING SERVICE SOCIETY LIMITED [REFERRED TO]
UNION OF INDIA VS. HIMMAT SINGH CHAHAR [REFERRED TO]
MOHAN AMBA PRASAD AGNIHOTRI VS. BHASKAR BALWANT AHER DEAD [REFERRED TO]
INDIAN OVERSEAS BANK VS. I O B STAFF CANTEEN WORKERS UNION [REFERRED TO]
STATE OF MAHARASHTRA VS. MILIND [REFERRED TO]
UNION OF INDIA VS. RAJENDRA PRABHU [REFERRED TO]
ESTRALLA RUBBER VS. DASS ESTATE PRIVATE LIMITED [REFERRED TO]
OUSEPH MATHAI VS. M ABDUL KHADIR [REFERRED TO]
SURYA DEV RAI VS. RAM CHANDER RAI [REFERRED TO]
ABDUL RAZAK VS. MANGESH RAJARAM WAGLE [REFERRED TO]
SHALINI SHYAM SHETTY VS. RAJENDRA SHANKAR PATIL [REFERRED TO]
TGN KUMAR VS. STATE OF KERALA [REFERRED TO]
DALMIA JAIN AIRWAYS LTD. VS. SUKUMAR MUKHERJEE [REFERRED TO]

JUDGEMENT

(1.) The petitioners are before this Court assailing the order dated 17.4.1996 passed by the Additional Civil Judge (Junior Division) City, Varanasi in Original Suit No.1356 of 1995 (Jamuna Prasad and others vs. Vijay Laxmi); the order dated 13.4.2009 passed by the Additional District Judge, Court No.12, Varanasi in Civil Revision No.202 of 2008 (Vijay Laxmi vs. Smt. Ganga Devi and others); the order dated 27.9.2016 passed by the Civil Judge (Junior Division), City, Varanasi in Misc. Case No.34 of 1999 (Jamuna Prasad vs. Vijay Laxmi) and the order dated 5.9.2017 passed by Addl. District Judge, Court No.2, Varanasi in Civil Revision No.70 of 2016 and to restore the Case No.1356/1995 to its original number. Learned counsel for the petitioner could not point out any manifest error apparent on the face of record in the impugned orders so as to justify interference by this Court in extra ordinary jurisdiction under Article 227 of the Constitution of India.

(2.) However, Shri Triloki Nath, learned counsel for the contesting respondent submits that under Order 9, Rule 5(2) of the Code of Civil Procedure, there is provision enabling the plaintiff to institute a fresh suit subject to the law of limitation and that there is no provision for restoring the suit which is dismissed under Order 9, Rule 5 of the Code of Civil Procedure.

(3.) Both the Courts below have recorded concurrent findings of fact and unless these findings are shown perverse or contrary to record resulting in grave injustice to petitioner, in writ jurisdiction under Article 227, this Court exercising restricted and narrow jurisdiction would not be justified in interfering with the same.?

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GANGA DEVI AND 3 OTHERS Vs. VIJAI LAXMI

Referred Judgements :-

JUDGEMENT

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