MAQDOON Vs. JAHID AHMAD AND OTHERS

JUDGEMENT

(1.) This petition has been filed assailing the interlocutory order dated 06.04.2009 passed in Civil Suit No.41A/2008 by the IIIrd Additional Civil Judge to Civil Judge Class I, Gwalior, by which the application under Order 9, Rule 7 of the Civil Procedure Code preferred by the defendant No. 3 (petitioner herein) for recalling of the order dated 12.09.2005 by which the defendant No. 3 was proceeded ex parte, has been rejected.

(2.) Learned counsel for rival parties are heard on the question of admission.

(3.) In a suit for declaration of title, permanent injunction and restitution of possession of an agricultural piece of land, the defendant No. 3/petitioner after receiving notice from the court of the suit in question instructed his son to ensure her representation by engaging a proper counsel. This was done sometime in September, 2005.