DEVASTHAN GRAM SUNNI PARGANA BALAMAU TEH.SANDILA Vs. NAYALAYA UPPER SATRA NYAYADHISH/F.T.C.NO.1 HARDOI AND OTHERS

JUDGEMENT

(1.) Heard Sri Daya Shanker Shukla, learned Counsel for the petitioner and perused the record.

(2.) Factual matrix of the present case are that initially petitioner filed a suit for permanent injunction registered as Regular Suit No. 117 of 2004 Devasthan Gram Sunni Pargana Balamau Teh. Sandila v. Rameshwar and another. On 30.04.2004 respondent No. 3 was impleaded as defendant No. 1 filed his written statement. Thereafter so it was decided ex-parte vide judgment and order dated 28.03.2007 by Additional Civil Judge (Jr. Div.) Court No. 3, Hardoi.

(3.) Sri Rameshwa moved an application for recalling of the exparte judgment and order dated 28.03.2007 supported by an affidavit to which the petitioner filed objections, the trial court vide judgment and by order dated 18.01.2010 allowed the application moved by respondent No. 9 under order 9 Rule 3 read with Section 151 CPC as well as application under Section 5 of the Limitation Act and recalled the ex-parte judgment and order dated 28.03.2007 passed in Regular Suit No. 117 of 2004.