EVEREADY INDUSTRIES INDIA LTD. Vs. ANOOP AGENCIES

JUDGEMENT

(1.) List has been revised. Counsel for the respondents is not present.

(2.) Heard learned counsel for the petitioner.

(3.) The petitioner by means of the present writ petition has assailed the order dtd. 3/3/2006 passed by Civil Judge (Senior Division), Azamgarh in Misc. Case No.53 of 2004 whereby he has rejected the application under Sec. 5 of the petitioner for condoning the delay in filing the application under Order 9 Rule 13 of C.P.C. to recall the exparte judgement dtd. 17/4/2004 passed in Original Suit No.125 of 1998 instituted by respondents and order dtd. 24/5/2006 passed by Additional District Judge, Court No.4, Azamgarh affirming the order of trial court dtd. 3/3/2006.