HARI GOPAL Vs. VIJAY KUMAR

JUDGEMENT

(1.) RAKESH Tiwari, J. This recall application has been filed by the petitioner alongwith Application No. 110206/07 under Section 5 of the Limitation Act read with Section 151 of Civil Procedure Code for condonation of delay. Recall application for recall of the judgment and order dated 20-12-2006 supported by an affidavit and Civil Misc. Stay Application under Section 151 C. P. C. aforesaid for keeping the judgment dated 20-12- 2006 in abeyance during the pendency of the recall application has also been filed.

(2.) THE recall application alongwith affidavit has been filed with following prayer : "it is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to recall the order dated 20-11-2006 passed by Hon'ble Mr. Sanjay Misra, J. and/or grant such other and further relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, otherwise the applicants/respondents shall suffer irreparable loss and injury. "

(3.) IT is further averred that on 20-11-2006 Hon'ble Sanjay Misra, J. pleased passed an order to the effect that in view of the office report dated 10-11-2006 notices on the respondent Nos. 1 to 4 would be deemed to be sufficient under the Rules of the Court and office will proceed accordingly; that on 13-12- 2006 this Court passed the order to the effect that service of notices has already been deemed to be sufficient and as no counter- affidavit has been filed, therefore, direction was issued to list the case in the next cause list for admission/hearing. The learned Counsel for the petitioner was also directed to give his case laws on the next date. Thereafter, the case was listed on 20-12-2006 when it has been allowed by quashing the order and judgment dated 27-10-2005 passed by the Additional District Judge, Court No. 6, Bijnor in S. C. C. Revision No. 21 of 2004.