SHIV RAM DAS CHELAS Vs. SUBHASH CHANDRA

JUDGEMENT

(1.) Heard Sri D.P. Singh, learned counsel for the petitioners and Sri U. K. Saxena, learned counsel for Respondent No. 1.

(2.) Suit No. 246 of 1992 for specific performance of the contract was filed by respondent No. 1 against the petitioners. That suit was decreed ex parte. The petitioners moved an application under Order IX. Rule 13, C.P.C. After hearing learned counsel for the parties, the trial court passed an order setting aside the ex parte decree in the following terms : "Order dated 24.12.1992 passed in Original Suit No. 246 of 1992 is set aside on payment of Rs. 50 as costs. After payment of cost, Original Suit No. 246 of 1992 be restored to its original number." Sd./ Illegible 1.1.1994"

(3.) The petitioners did not comply with the order by payment of costs. The application contained in Annexure-4 was moved by respondent No. 1 for recalling the order, dated 1.1.1994 on ground that the costs have not been paid, The Court thereafter passed the following order dated 28.2.1994 : "Cost not paid within 14 days of the order nor till today on such order dated 1.1.1994 being conditional order it is recalled and O. S. No. 246 of 1992 stands decreed on 24.12.1992. Sd./Illegible 28.2.1994" The petitioners filed civil revision against the said order which was dismissed by the revisional court on merit even though none had appeared to press the petition.