MOHAMMAD UMER Vs. MANGTA

JUDGEMENT

(1.) HEARD Sri Sharad Sharma counsel for the revisionists and Sri Pramod Tiwari, counsel for the Respondents.

(2.) BY the present civil revision filed under Section 115 of the Code of Civil Procedure, the revisionists have prayed for setting aside the order dated 19th. July, 2005 by which the objections under Section 47 of the Code of Civil Procedure has been allowed. Briefly stated, a suit was filed by the Plaintiff praying for the decree of specific performance dated 4th March, 1987. The suit was proceeded ex -parte on 26 -2 -1990, however, the same was decreed on 8th May, 1990 and the operative portion of the judgment is quoted below:

(3.) THE Defendant thereafter has filed an application on 16th March, 1991 for recalling of the said order under Order 9 Rule 13 of the Code of Civil Procedure and the same was rejected on 8th October, 1991. The Defendant has again preferred a Misc. Appeal being Misc. Appeal No. 70 of 1991 against the order rejecting the application under Order 9 Rule 13 of the Code of Civil Procedure and the said appeal was allowed and the order dated 8th October, 1991 was set aside with cost of Rs. 250/ - by 23rd November, 1992. The operative portion of the order dated 13 -11 -1991 is quoted below: