MUJIZUN NISAN Vs. ADDITIONAL DISTRICT

JUDGEMENT

(1.) HEARD learned counsel for both the parties.

(2.) THIS writ petition is directed against orders passed by the courts below rejecting petitioners' restoration application under Order IX Rule 13 C.P.C. First order was passed on 16.10.2004 by I Additional Civil Judge (Senior Division), Court No.20, Lucknow in Misc. Case No. 29-C of 2000 rejecting petitioners' restoration application through which ex-parte decree dated 5.7.2000 passed in Original Suit No.51 of 1982 was sought to be set aside. Against the said order petitioners filed Misc. Civil Appeal No.202 of 2004 which was dismissed by Additional District Judge, Court No.12, Lucknow on 12.7.2006 hence this writ petition.

(3.) THEREAFTER on 22.12.1998 application was filed by the petitioners under Order -IX Rule 7 C.P.C. for recalling the order dated 27.7.1998. The said application was rejected on 24.4.2000. Thereafter ex- parte decree was passed on 5.7.2000. Restoration application under Order-IX Rule 13 C.P.C. was filed on 25.7.2000 which was rejected by the impugned order and appeal filed against the same was also dismissed as stated above.