VINAY KUMAR CHOWDHARY Vs. GHANSHYAM NARAIN KOHLI

JUDGEMENT

(1.) B. K. Rathi, J. An order was passed on 29-2-2000 (Annexure N. 9 of the stay application) by the District Judge, Varanasi in Case No. 155 of 2000 appoint ing the applicant Vinay Kumar Chowdhary as Managing Trustee of the Trush Lachchi Ram Dharamshala, Varanasi in accordance to the scheme, dated 13-8-1938 prepared in O. S. No. 7/27. The opposite party on 29-5-2000 moved an application under Order IX, Rule 13 C. P. C. to recall the order with an applica tion for condonation of delay in filing the application. The application was opposed on the ground that the opposite party was not party in the proceedings and, there fore, he has no right to apply for the recall of the order under Order IX, Rule 13 CPC. The application for condonation of delay was also opposed. However, by order dated 21-8-2000, the learned District Judge, Varanasi has allowed the applica tion for condonation of delay and also the application for recall of the order dated 29-2-2000 passed by him and has sent the matter for fresh decision to the IVth Addi tional District Judge, Varanasi alongwith other connected matters. Aggrieved by it, the present revision has been preferred.

(2.) I have heard Sri Ajit Kumar, learned counsel for the revisionists and Sri AK. Srivastava, learned cousnel for the opposite party and have gone through the record.

(3.) FROM the order passed by the Dis trict Judge, Varanasi it appears that he has heard arguments on merits as well on ap plication for condonation of delay and passed a composite order. There is no il legality in the same.