DWARIKA PRASAD Vs. SMT. NIRMALA

JUDGEMENT

(1.) THIS revision application has been filed by the non-applicant No. 1 against the order dated 5.5.2005 passed by First Additional District Judge, Gwalior in MJC No. 3/2004 whereby learned Additional District Judge allowed the application filed by respondent No. 1 under Order 9 Rule 9 read with section 151 of CPC set-aside the orders dated 16.12.2003, 23.8.2001 and restored the Civil Suit No. 3A/96 which was dismissed as withdrawn on 28.2.1997.

(2.) BRIEF facts of the case are that the father of respondent No. 1- Late Shri Shankar Lal filed a suit for partition in the year 1955 vide Civil Suit No. 11/55 which was decreed on 10.7.1978. In First Appeal No. 60/78, judgment and decree of the trial Court was set aside and suit was remanded back to the trial Court by order dated 30.9.1991. Agaisnt the order of remand LPA No. 32/91 was filed by the father of respondent No. 1. On 24.2.1997 an application was filed on behalf of Shankar Lal for withdrawal of LPA No. 32/91. The LPA was dismissed as withdrawn on the same date i.e. 24.2.1997. On 28.2.1997 another application was filed for withdrawal of civil suit by the father of respondent No. 1 (Shankar Lal). Civil Suit No. 3A/76 was dismissed as withdrawn on the same date i.e. 28.2.1997. On 11.8.1998 father of respondent No. 1 Shankar Lal died.

(3.) SHRI J.P. Sharma and Shri S.C. Goyal, Advocates challenged the order dated 10.1.2005 passed in MCC No. 371/95 by filing Special Leave Petition No. 1546/05. The Hon'ble Apex Court passed the following order while dismissing the Special Leave Petition :