SUBHAM Vs. SHRI SHASHYANK

JUDGEMENT

(1.) Rule, with the consent of the parties, made returnable forthwith and heard.

(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the orders dated 28/3/2011 passed by the learned Civil Judge (Sr.Dn.), Nagpur, by which order the application for review of the order of "nocross" passed by the Trial Court came to be rejected.

(3.) A "Nocross" order came to be passed against the petitioner herein on 3/2/2010. An application was moved by the petitioner on 4/3/2010 for setting aside the said ''nocross'' order. The said application came to be allowed by the Trial Court by its order dated 10/8/2010 and the said "nocross order" was set aside by imposing costs of Rs.1000/on the petitioner. Since the said amount of Rs.1000/was not deposited by the petitioner, the Trial Court passed an order on 23/9/2010 to proceed with the suit by maintaining the "nocross order". The petitioner thereafter filed an application dated 2/11/2010 for review of the said order dated 23/9/2010 along with an application for condonation of delay being Exhs.118 and 119 respectively. The said applications came to be rejected by the order dated 28/3/2011.