Narendra Nath Tiwari, J. - (1.) Heard the parties at length. With the consent of the counsel for the parties, this misc. appeal is being disposed of finally.
(2.) Mr. Rajiv Anand, learned counsel appearing on behalf of the appellant and Mr. A.K. Lall, learned counsel appearing on behalf of the sole respondent made their submissions on merit of the appeal.
(3.) This appeal is against the order dated 13.9.2003 passed by the 7th Additional District and Sessions Judge, Palamau at Daltonganj in Misc. Case No. 4 of 2002 (arising out of M.V. Case No. 16 of 1992). By the said impugned order the petition under Order 9, rule 13, Civil Procedure Code, 1908 filed by the appellant has been dismissed.;