- (1.) The Petitioner who happens to be registered company incorporated under Companies Act, 1956 has filed this writ petition under Article 226/227 of the Constitution of India with the following prayers: (i) A writ, order or direction in the nature of certiorari calling for the records of the case and to quash the judgment and order dated 23.5.2007 passed by the District Judge, Kanpur Nagar in Misc. Civil Appeal No. 92 of 2006 as contained in Annexure-12 to the writ petition. (ii) A writ, order or direction in the nature of certiorari calling for the records of the case and to quash the plaint of O.S. No. 2108 of 1997 filed in the Court of Civil Judge (Junior Division) Kanpur Nagar and the entire proceedings of the aforesaid suit; (iii) A writ, order or direction in the nature of certiorari calling for the records of the case and to quash the ex parte judgment and decree dated 16.3.1998 passed by Civil Judge, Junior Division, Kanpur Nagar in Original Suit No. 2108 of 1997 as contained in Annexure-5 to the writ petition. 66
(2.) It appears the Plaintiff has filed suit No. 2108 of 1997 in the Court of Civil Judge (Junior Division) Kanpur Nagar against the Petitioner/Defendant with the prayer not to transfer 100 shares (Folio No. H.E. 378256 Praman Patra Sankhya 457059 Se 60, D.No. 10721269-28506145-150, 6790945-6790961-961, 10041811-811, 13387162-162, 1117950-986, 20430694-703 and issue duplicate copy of the aforesaid shares with the further prayer to pay profit incurred there from. The said suit was decreed ex parte by the Court of Civil Judge (Junior Division) Kanpur Nagar on 16.3.1998.
(3.) Aggrieved by that order the Petitioner has filed an application under Order 9 Rule 13 of the Code of Civil Procedure (hereinafter referred to as Code of Civil Procedure ) on 15.5.1998 alongwith an application for condonation of delay. The application of the Petitioner for condonation of delay was rejected by the Court below on 20.1.2003.;