MAIKI DEVI Vs. DROPDI DEVI

JUDGEMENT

(1.) This writ petition is directed against the order dated 23.07.2012 passed by IIIrd Additional Civil Judge (Senior Division), Kanpur Nagar rejecting petitioner's application for recall of order dated 14.03.2007, whereby her application for restoration of her possession over the disputed premises was rejected on the ground of default.

(2.) In fact neither petitioner nor her counsel appeared before the court below on 14.03.2007. Learned counsel for the petitioner submitted that petitioner fell ill on 11.03.2007 and her illness continued upto 30.03.2007, therefore, she could not appear. In this regard my attention is drawn to a medical certificate, copy whereof has been filed on page 20 of the writ petition. A perusal whereof shows that it is dated 19.04.2007 while the application for recall of order is dated 12.03.2007. In fact there also I find some discrepancy in the date inasmuch as on the application the typewritten date is 12.03.2007 which has been corrected by hand as 12.04.2007 but in the affidavit filed in support of application, typewritten date is still continued as 12.03.2007.

(3.) Learned counsel for the petitioner submitted that it is a sheer typing error inasmuch as the application was filed on 12.04.2007 as mentioned in para 8 of the writ petition.