KISHAN LAL SINGHANIA Vs. INDIA CITY PROPERTIES LTD.

JUDGEMENT

(1.) Heard Sri Pankaj Agarwal, learned counsel for the petitioner and Sri Devansh Rathore, learned counsel for the respondent.

(2.) This writ petition has been filed for issuing a writ of certiorari quashing the order dated 9.11.2005 passed by the Additional Civil Judge (Senior Division), Court No.3, Kanpur Nagar by which the petitioner's restoration application No. 14/74 of 2002 has been rejected.

(3.) It appears the respondents have filed a release application under section 21(1)(a) of U.P. Act No. 13 of 1972 which was numbered as P.A.Case No. 54 of 1987. The said release application was allowed ex parte on 29.10.1998. The present petitioner has filed an application for setting aside the ex parte order dated 29.10.1998 which was numbered as Misc. Case No. 1/74 of 1999. The said application was dismissed on 1.9.2000. The petitioner filed another application being Misc. Case No. 36/74 of 2000 on 6.11.2000 for recall of the order dated 1.9.2000 which was again dismissed on 24.5.2002.