High CourtsSingle Bench

Anil Kumar vs Afzal Anees

Madhya Pradesh High Court · Decided on 20 April 2011 · Citation: (2011) 4 MPHT 211

HON’BLE JUDGES
Alok Aradhe, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Section 47 · Constitution of India, 1950 — Article 227
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 10345 of 2010
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Judgment

3 paragraphs · 135 words

Alok Aradhe, J.—In this petition under Article 227 of the Constitution of India the petitioner has called in question the validity of the order dated 7-2-2009 by which the application preferred by the petitioner u/s 47 of the CPC has been rejected.

2.

In view of the law laid down by this Court in Sawal Singh Vs. Smt. Ramsakhi and Others, 201, civil revision is maintainable against the order passed in execution proceeding.

3.

In view of the aforesaid, the writ petition is dismissed. However, the petitioner would be at liberty to challenge the validity of the impugned order in civil revision, if so advised. The office is directed to supply the certified copy of the impugned order filed along with this petition to the learned Counsel for the petitioner on substitution thereof by photocopy.