Netram Sahu v. Bholaram Joshi
Court: High Court of Chhattisgarh
Bench: HON'BLE SHRI JUSTICE RAJENDRA CHANDRA SINGH SAMANT
Judgment date:
Case summary
High Court of Chhattisgarh judgment dated 2020-03-05. Netram Sahu v. Bholaram Joshi. Read the judgment and case details on LawSphereX.
Judgment text
Page No. 1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W. P. (227) No. 258 of 2020 1. Netram Sahu S/o Shri Jeevrakhan Sahu, Aged About 38 Years 2. Virendra Sahu, S/o Shri Jeevrakhan Sahu, Aged About 28 Years Both are R/o Village Dunda, Tahsil And District Raipur Chhattisgarh. ---- Petitioners Versus 1. Bholaram Joshi, S/o. Late Jeevrakhan Joshi, Aged About 23 Years R/o Village Rawanguda, Tahsil and District Dhamtari Chhattisgarh. 2. Bhagwat Ram, S/o. Late Kaliram, Aged About 30 Years, R/o Village Rawanguda, Tahsil and District Dhamtari Chhattisgarh 3. State Of Chhattisgarh Through Collector Dhamtari District Dhamtari Chhattisgarh -----Respondents For Petitioners : Mr. Prafulla N. Bharat, Advocate For Respondent/State : Mr. C. B. Kesharwani, P. L. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 05/03/2020 1. The impugned order against which, this petition has been filed has been passed by the Additional District Judge (F. T. C. ) in Misc. Civil Appeal No.
(Unregistered)/2020 dismissing the revision petition filed by the petitioners mentioning that District Judge has no jurisdiction to hear on revision. 2. It is submitted that the petitioners have inadvertently filed a revision petition instead of appeal, which would have been maintainable, hence, the petition be allowed and direction be issued accordingly. Page No. 2 3. Considered on the submissions made and also perused the documents placed on record. On perusal of the documents placed on record, I am of this view that this petition can be disposed off at motion stage with a suitable direction. 4. Accordingly this petition is disposed off and the petitioners are granted liberty to file appeal against the order of the trial Court dismissing the application under Order 9 Rule 13 of C. P. C. for setting-aside the ex-parte judgment and decree. 5. The time elapsed in between the prosecution of other litigation by the petitioners side stands condoned. 6.
Accordingly, this petition is disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge Balram
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