KAILASH KUMAR KANORIA Vs. SHIV SHANKAR PASARI

JUDGEMENT

(1.) The facts and the legal issues involved in the applications in the two suits are more or less the same and the petitions are taken up and disposed of by this common order.

(2.) GA No. 1669 of 1998 and G.A. No. 1670 of 1998 had been disposed of by two similarly worded judgments on March 28, 2008. The first defendant was not represented in either case and advocates appearing on behalf of the first defendant were given leave to retire before the two petitions were taken up and dealt with on merits in the absence of the first defendant. The first defendant in either suit submits that he had no notice of either matter appearing for final hearing and seeks recalling of the orders dated March 28, 2008 and for the matters to be heard afresh on merits. Considering the grounds urged for recalling the orders dated March 28, 2008, such orders are recalled and G.A. No. 1669 of 1998 and G.A. No. 1670 of 1998 are taken up for hearing afresh.

(3.) The contempt proceedings in either suit are for alleged violation of the orders dated March 28, 2008. In view of the orders dated March 28, 2008 being recalled, the contempt proceedings are dropped.