NARAYAN SINGH Vs. BANWARILAL

JUDGEMENT

(1.) IN the present case the applicant had filed a civil suit in the trial Court which was proceeded ex parte and was dismissed. In an appeal by the plaintiff before the appellate Court the appeal was allowed and the suit was decreed. The defendants/respondent also participated in appeal which resulted into a biparte decree.

(2.) AFTER the appeal was decided the decree was sought to be executed before the Court of Ninth Civil Judge, Class II, Gwalior. An application under O. 9 R. 13 Code of Civil Procedure was filed before the executing Court. The application was dismissed on the ground that the suit has been dismissed and is not maintainable. The respondents filed a civil revision No. 1019/96 before this Court. In the civil revision the Counsel stated that he shall move an application before the Court which passed the effective decree. On his statement the revision petition was dismissed and it was also ordered that the petitioner shall not be dispossessed till 29.10.1996.

(3.) THE trial Court had entertained the application, stayed the execution proceedings and fixed the case for recording evidence.