KAMA VATI Vs. CHANDER BHAN

JUDGEMENT

(1.) This application under Order XLVII Rule 1 and 2 CPC read with Section 151 has been moved on behalf of the respondents for review of the order dated 1.8.2005.

(2.) I have heard Mr. S.P. Chug, Advocate learned counsel for the applicants/respondents/plaintiffs and Mr. S.K. Sharma, Advocate learned counsel for the non-applicant/petitioner/defendant.

(3.) It will be helpful to refer briefly to the facts of this case. The opposite party to this application had filed a petition under Article 227 of the Constitution of India [C.M.(M)] against an order dated 19.8.2004 passed by the Civil Judge, Delhi allowing an application for review under Order XLVII Rule 1 and 2 CPC read with Section 3 and 5 of the Limitation Act. The learned civil judge had set aside a consent order vide order dated 19.8.2004, which was challenged under Article 227 of the Constitution of India. The said C.M.(M) was allowed by this court and the impugned order dated 19.8.2004 was set aside. It was directed by this court that the proceeding will commence from the stage where the same were before passing of the impugned order and the learned trial court judge was directed to make efforts to dispose of the matter expeditiously, preferably within six months and nothing said in the order of this court was to be taken as expression of opinion on the merits of the case.