RAVINDRA KUMAR Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) This is plaintiff's petition. An original suit No. 85 of 2004 was instituted by petitioner before the Civil Judge (Senior Division), Hapur. In the said suit a counter claim was filed by defendant respondent. The suit filed by plaintiff petitioner was dismissed and counter claim of defendant respondent was allowed. Against the said order a Misc. Civil Appeal No. 30 of 2022 was preferred by plaintiff petitioner and an application was moved for framing issues under Order XLI Rule 25 CPC which was decided on 9/7/2024 on the consent of parties that if any occasion arises for appellate Court the issues would be framed at the time of hearing. The said application was decided by order dtd. 9/7/2024 on consent of parties. It appears that subsequently at the time of hearing plaintiff petitioner has again moved an application for framing of some issues in appeal without moving any application for recalling the order dtd. 9/7/2024 nor the said order was put to challenge before any Court. The appellate Court has rejected the application by order impugned dtd. 28/8/2024 on the ground that petitioner is only lingering on the matter and delaying the hearing of appeal and order dtd. 9/7/2024 has been passed on consent of parties.

(2.) I have heard learned counsel for parties and perused the material on record.

(3.) As the subsequent application moved by plaintiff petitioner is not for recalling the earlier order dtd. 9/7/2024 but is on the same ground for which earlier application was decided by the Court on 9/7/2024 on the basis of consensus arrived between the parties. No interference is required either in order dtd. 9/7/2024 or order dtd. 28/7/2024.