KALAISH BAI PATEL Vs. VIJAY KUMAR JAISWAL

JUDGEMENT

(1.) PETITIONER is asailing an order (P-1) dated 20.1.2006 passed by the Civil Judge, Class-II, Jabalpur in MJC No. 14/2005 pending under Order 9 Rule 13, CPC for setting aside exparte decree which has been passed against the interest of the petitioner. Earlier, petitioner has filed an application a MJC before leaned District Court, for stay of the proceedings of executing Court pending in the Court of 3rd Civil Judge, Class-II, Jabalpur. The learned District Judge has dismissed the application on the ground that so far as question of stay of execution of proceedings is concerned, the applicants are free to move appropriate application before the Court dealing with setting aside the ex parte decree. As a sequel to the aforesaid order (P-2) passed by learned District Court on 20.2.2005 an application was filed in the pending MJC under Order 9 Rule 13, CPC, before the Court of 5th Civil Judge, Class-II, Jabalpur, that has been dismissed on the ground that execution was pending before 3rd Civil Judge, Class-II, Jabalpur, as such application has been dismissed.

(2.) AFTER hearing learned counsel for the parties, in my opinion, the order passed by the learned trial Court on 20.1.2006 cannot be allowed to sustain. Application ought to have been cosnidered and decided on merits in terms of order passed by learned District Court. It was proper to file application for stay in the Court where the proceedings under Order 9 Rule 13, CPC were pending. As such the order is set aside. The learned Court-below is directed to decide the application on merits. As there was interim stay gratned on 3.2.2006, it is considered proper to extend its life for a period of 3 weeks from today during which period the trial Court shall decide the application for stay after hearing the parties. Petition is allowed.