RAMCHANDRA CHOUDHARY Vs. KALI DASI

JUDGEMENT

(1.) The petitioners are aggrieved of order dated 20.01.2017 passed in Title (P) Suit No. 18 of 2006 by which their application for recall of appointment of Pleader Commissioner has been rejected.

(2.) Title (P) Suit No. 18 of 2006 was decreed vide judgment dated 29.11.2013 and a preliminary decree was prepared. The judgment and the preliminary decree prepared in the suit have not been challenged by the petitioners. They filed an application that they intend to challenge the preliminary decree prepared in the suit and therefore the order appointing Pleader Commissioner may be recalled. Apparently, this application was not maintainable. Remedy for the petitioners was to first file the First Appeal challenging the judgment and decree in Title (P) Suit No. 18 of 2006 and thereafter move an application under Order XLI Rule 5 CPC. At a time when neither there was an application seeking stay of final decree proceedings nor the preliminary decree was challenged by the petitioners, the application seeking recall of appointment of Pleader Commissioner has rightly been dismissed by the court.

(3.) Viewed thus, finding no merit in the writ petition it is dismissed.