LAWS(MPH)-2014-7-80

MANISH KUMAR SHARMA Vs. JAGDISH

Decided On July 11, 2014
MANISH KUMAR SHARMA Appellant
V/S
JAGDISH Respondents

JUDGEMENT

(1.) This review petition has been filed by the unsuccessful appellant under Order 47 Rule 1 of C.P.C. for re-calling the order dated 09/09/2009, passed by Single Bench of this Court in Misc. Appeal No. 1116/2009, whereby the aforesaid appeal, preferred by the appellant Manish Kumar Sharma against the rejection of application under Order 9 Rule 13 of CPC has been rejected.

(2.) Brief facts just necessary for disposal of this review petition is that;

(3.) The non-applicant registered owner of the vehicle filed an application under Order 9 Rule 13 read with 151 of CPC before the 1st M.A.C.T., Morena, which was registered as M.J.C. No. 11/07. After affording opportunities to both parties, decided the same on 12.8.2009. The application under Order 9 Rule 13 read with 151 of CPC as well application under Section 5 of Limitation Act and was rejected.