NEELAM KAPOOR Vs. VIJAY KAPOOR

JUDGEMENT

(1.) Being aggrieved and dissatisfied with order dtd. 22/9/2015, passed by learned Additional District Judge-II Mandi, District Mandi, Himachal Pradesh (Sarkaghat Circuit Court), whereby an application under Order IX, rule 13 CPC, having been filed by the applicant/petitioner hereinafter, (applicant) praying therein to set aside the ex parte judgment and decree dtd. 12/3/2009 passed in HMA Petition No. 10 of 2008 came to be dismissed, petitioner has approached this court in the instant proceedings under Art. 227 of the Constitution of India, praying therein to set aside impugned order.

(2.) Learned counsel for the non-applicant/respondent while referring to order 43(d) CPC, states that the present petition is not maintainable as such, same may be dismissed accordingly.

(3.) Having carefully perused the provisions contained under Order XLIII, rule l(d), this court finds that there is provision of appeal to lay challenge to order, if any, passed on an application under Order IX rule 13 CPC, as such, present petition in the form of petition under Art. 227 of the Constitution of India is not maintainable and as such, same deserves to be set aside.