DWARIKA PRASAD Vs. PRITHVI RAJ SINGH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal assails the final judgement and order passed by Allahabad High Court in Writ Petition No.18990/2024 on 24/5/2022 whereby the High Court dismissed the Writ Petition and upheld the order of the District Judge, Etah in Civil Revision No.53 of 2000. The District Court, Etah ("Revisional Court") had allowed the Civil Revision filed by Respondent Prithvi Raj Singh under Sec. 115 of Civil Procedure Code ("CPC") against the order dtd. 29/4/2000 passed by Additional Civil Judge (Junior Division) Kasganj ("Trial Court") in Civil Miscellaneous Case No.33/1994. The Trial Court thereby had allowed the restoration application under Order IX Rule 13 and Sec. 151 of CPC filed by the Appellant Dwarika Prasad. The High Court has effectively dismissed the restoration application, confirming the ex parte decree dtd. 11/4/1994 passed in favor of Respondent.

(3.) The facts leading to the present appeal are stated below: