DANKHA DEVI AGARWAL Vs. TARA PROPERTIES

JUDGEMENT

(1.) The instant appeal is directed against a judgment and order dated 4th Aug., 1999 passed by a Learned Single Judge of this Court in G.A. No. 3488 of 1998 in C.S. No. 874 of 1998, whereby and whereunder the application filed by the appellant-plaintiff for recalling the order dated 28.6.95 and 28.7.95 was dismissed.

(2.) By order dated 28.6.95, the learned trial Judge permitted the change of Advocates on behalf of the plaintiff by an order dated 28.7.95, the plaintiff was permitted to withdraw the suit and the same was accordingly dismissed as withdrawn. Application filed by the plaintiff for recalling the order permitting withdrawal and dismissing the suit for that reason was dismissed. Aggrieved against the said order of dismissal, the instant appeal has been preferred.

(3.) The plaintiff filed the suit in question challenging the alleged illegal transfer of 1650 shares in the defendant no. 1 company and for a declaration of the plaintiff's right title and interest to the said shares. The suit was filed on 6.11.1989. Defendants No. 2 and 3 are the family members of the plaintiff. Defendant No. 2 is the eldest son of the plaintiff. Plaintiff is the appellant in the instant appeal.