RISHI KUMAR JAIN Vs. SURESH CHANDRA SHAH

JUDGEMENT

(1.) Heard learned Counsel for the revisionists.

(2.) This is a revision under Section 115, C.P.C. whereby the order allowing an application under Section 92, C.P.C. granting leave without notice to the opposite parties and inviting objections has been recalled by the District Judge, Etah.

(3.) The submission on behalf of the revisionists is that a suit under Section 92, C.P.C. was instituted along with an application which was numbered as 5C. The order was recalled in exercise of powers under Section 151, C.P.C. and objection has been invited in respect of the said application from the defendants. The submission is that Section 92, C.P.C. does not contemplate an objection by the defendants.