SANJEEV KUMAR MISHRA Vs. NARAYAN

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution takes an exception to the order dated 18.02.2015 (Annexure P/1) whereby application of the petitioner / defendant preferred under Order 7 Rule 14 (3) and Order 8 Rule 1(A) C.P.C is rejected by the court below.

(2.) SHRI H.K. Shukla, Advocate for the petitioner, submits that plaintiff's suit was decreed by order dated 12.08.2010. The said judgment and decree was challenged by petitioner by filing Civil Appeal No. 10A/2010. Appellate Court by judgment dated 19.05.2011 remitted the matter back with certain directions. In the light of said directions only, petitioner preferred an application (Annexure P/6) and court below has erred in rejecting the same. He relied on (Zolba Vs. Keshao and Ors., 2008 2 MPLJ 478).

(3.) PER contra, Shri Prateep Visoriya, Advocate for the respondent, supported the order passed by the Court below. He submits that court below has acted in consonance with directions given while remanding the matter.