Hon’ble Allahabad High Court has dismissed a petition here on 01-02-2019 in the case of “Smt. Manjesh Kumari v. Patiram” stating that in any case of ex party decree if the petition is filed after 4 years, it cannot be entertained.

BRIEF FACTS OF THE CASE

A judgment and decree dated 22.02.2015 was passed by the Civil Judge (Sr. Divn.)/ National Lok Adalat, Jalaun at Orai in Original Suit No. 76 of 2009 in which the decree was passed ex-party.

This instant petition was filed under Article 227 of the Constitution against this judgment and decree passed.

DECISION OF THE COURT

Hon’ble High Court held that this Court is not inclined to entertain the challenge particularly when the instant petition is being filed after 4 years of passing of the ex-parte decree.

Court further left it open to the petitioner to avail such other remedy as may be advised but dismissed the current petition.

Read the full Judgement Here-

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=6974186