MUKTARAM PANJA Vs. NIHARENDU DAS

JUDGEMENT

(1.) -This hearing arose out of a petition filed by the respondent/judgment-debtor praying for recalling of the judgment and decree dated 27.4.2000 passed by this Court in two Second Appeals No. 314 of 1999 and 220 of 1998 which were heard analogously.

(2.) It is alleged in the petition that notices of both the appeals were not served on the present petitioner who figures as respondent No. 2 in Second Appeal No. 220 of 1998 and respondent No. 1 in Second Appeal No. 314 of 1999. It is also alleged that by practising fraud upon the Court both the appeals were listed for final hearing.

(3.) The appellant in both the appeals and the respondent No. 1 in Second Appeal No. 220 of 1998 and the respondent No. 2 in Second Appeal No. 314 of 1999 appeared and contested the hearing after filing separate Affidavit-in-Opposition pointing out that notice were duly served in accordance with law.