LEELA DEVI Vs. SARLA GARG

JUDGEMENT

(1.) Present petition under Article 227 of the Constitution of India has been filed against order dated 13.7.2010 of Senior Civil Judge, (West) Delhi, vide which application of petitioners under Section 151 of Code of Civil Procedure (for short as ,,Code) for recalling of order dated 12.5.2010, was dismissed.

(2.) At the time of hearing, it was observed that petitioners have not placed on record complete list of dates of the trial court proceedings. Petitioners were given opportunity to file the same, however, their counsel stated that he does not want to file the same and shall argue the matter.

(3.) It is argued by the learned counsel that on 23.4.2010 three witnesses of petitioners were present. However, the counsel was not available and due to this, these witnesses could not mark their presence.