HASAN AHMAD Vs. HASIMUDDIN

JUDGEMENT

(1.) M. C. Agarwal, J. By this petition under Section 115 of the Code of Civil Procedure, the plaintiff-revisionist challenges an order dated 28th November, 1984, by which the court below allowed an application purporting to be (sic) under Order IX, Rule 7, C. P. C. and allowed the defendant-respondent to participate in the trial of the suit for specific performance which is said to have been ordered to proceed ex parte by an order dated 16th May, 1984. The court below in the order has stated that the defendant had not shown any sufficient reason for his absence on 16th May, 1984, yet in the interest of justice, it allowed the defendant's application subject to payment of Rs. 150 as costs and directed the defendant to file the expert's report within 15 days and fixed it for final hearing on 7th January, 1985.

(2.) THE plaintiff filed this revision petition challenging the said order and by an order dated 11th January, 1985, the proceedings in the court below were stayed and continued to remain stayed for about 11-1/2 years that have since elapsed.

(3.) THE parties are directed to appear before the court below on 12th August, 1996, when the plaintiff will produce a certified copy of this order before the court below. THE matter has already been delayed and it is desired that the court below will proceed with the matter expeditiously. Revision dismissed. .