SIRMAL Vs. NAZIR HUSSAIN

JUDGEMENT

(1.) Petitioner has preferred this writ petition with the following prayer :-

(2.) Any other appropriate order, which deemed fit in the facts and circumstances of the case may kindly be passed in favour of the petitioner."

(3.) Learned counsel for the petitioner states that though the application was for under Rule 22 Rule 4 of the CPC but the prayer in fact reflected the terms of Order 22 Rule 9. Learned counsel for the petitioner further points out that the impugned order has been passed by the learned court below dismissing the application under Order 22 Rule 4 of the CPC on the ground that the abatement had already occurred and therefore, the setting aside of abatement was not possible in the application.