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Judgment
6 paragraphs · 151 wordsSanjay K. Agrawal, J
By the impugned order dated 08/04/2019, petitioner's application under Order 9 Rule 9 of the CPC has been rejected by learned 14th Civil Judge, Class - II, Raipur against which this writ petition under Article 227 of Constitution of India has been preferred by her.
I have heard learned counsel for the petitioner at length.
By virtue of provisions contained in Order 43 Rule 1 (c) of the CPC, a miscellaneous appeal would lie against the impugned order rejecting the application under Order 9 Rule 9 of the CPC filed by the petitioner. As such, this writ petition is not maintainable in law.
Accordingly, this writ petition stands dismissed. However, petitioner is at liberty to prefer an appeal under Order 43 Rule 1(c) of the CPC in accordance with law.
Certified copy of this order be returned after furnishing attested copy thereof.