IN RE: MOHIT KUMAR Vs. STATE

JUDGEMENT

(1.) CIVIL Misc. Application No. 105957 of 2010 has been moved by Shri Mohit Kumar (in person) Plaintiff No. 2 of Original Suit No. 865 of 1997 with the prayer that the order date dc 6.10.2010 rejecting the application 175 -C2 be recalled or reviewed.

(2.) THE Defendants filed their reply/Objection C.M. Application No. 110251 of 2010.

(3.) IT has been submitted by Shri Mohit Kumar that he moved an application 175 -C2 when the case was pending before learned Additional District Judge, Dehradun for summoning dealing clerk and certain documents which was rejected vide order dated 6.10.2010 on technical grounds. That the said application was disposed of as "rejected" and not as "dismissed" which goes to show that the application was not disposed of on merit because rejection amount disposal of application without going into the merit and it is apparent mistake on record and as such it is necessary to recall or review order dated 6.10.2010. It was further submitted that there was no delay on the part of the Plaintiff to move application 175 -C2 while it has been rejected on the ground that the application was moved after inordinate delay. It was also submitted that the provisions of Code of Civil Procedure which has been cited by the court in its order dated 6.10.2010 are not applicable in the present case because the object of the Plaintiff was not to summon any witness before his evidence but the clerk was to be summoned to produce the papers which contains admitted signature of Swami Ram. He further submitted that by order dated 6.10.2010, the Plaintiff will be prejudiced which is one of the ground to recall the order and as such the order dated 6.10.2010 should be reviewed or recalled.