FRIENDS HOUSING CO-OPERATIVE SOCIETY Vs. TULSIRAM

JUDGEMENT

(1.) COPY of memo of appeal be supplied to counsel for respondent No. 1. Heard on merits. Being aggrieved by the order dated 11-2-2005 passed by 5th ADJ, Ratlam in Misc. Case No. 23-A/2004 whereby the review application filed by the respondent No. 1 was allowed and order dated 18-11-2004 was recalled, the present appeal has been filed.

(2.) SHORT facts of the case are that the respondent No. 1 filed a suit for declaration and permanent injunction. The suit was opposed by the appellants on various grounds. It was prayed that the suit is not maintainable. It was also prayed that suit be dismissed. On the basis of pleadings of the parties, learned court below framed the issues. Issue No. 16 was framed as preliminary issue. By order dated 18-11-2004 the preliminary issue was decided in favour of the appellants holding that the Civil Court is having no jurisdiction. Thereafter, application was filed by the respondent No. 1 for recalling of the order under Section 151 of the Civil Procedure Code. By the impugned order the application was allowed.

(3.) LEARNED counsel submits that when this fact was brought to the notice of learned Court below by filing on application for recalling of the order, the learned Court below by the impugned order has recalled the order dated 18-11- 2004.