HALIMAN Vs. IIND ADDL DISTRICT JUDGE UNNAO

JUDGEMENT

(1.) Heard Sri P.V. Chaudhary, learned counsel for petitioner and perused the record.

(2.) Facts in brief of the present case are that, initially petitioners/plaintiffs filed a suit for declaration registered as Regular Suit No. 62/79 Sagir Ahmad Vs. Smt. Smt.Haliman and others, decreed ex-parte by judgment and decree dated 29.11.1980.

(3.) Aggrieved by the said fact, the defendants/respondents filed an application under Order 9 Rule 13 read with Section 151 CPC, the trial court after considering the reasons given by the defendants/respondents for non-appearance in the matter in question allowed the same by order dated 20.04.1985 and recalled of the exparte judgment and decree dated 29.11.1980 and restored the suit to its original number.