RAM SINGH AND ANR. Vs. GURNAM AND ORS.

JUDGEMENT

(1.) THE respondent/defendants had moved an application for setting aside the ex parte judgment and decree dated 8.4.1991, which was dismissed in default on 16.3.1998. Thereafter the respondent/defendants moved an application for restoration of that application which was allowed vide order dated 10.12.2001, subject to payment of Rs. 1500/ - as costs and the case was fixed for 18.12.2001 for payment of costs. A perusal of the interim order shows that the cost was paid on that date, which was accepted by the counsel for the plaintiffs without any objection. Since the cost has been accepted without any objection, so now the plaintiffs are estopped by their own act and conduct to say that the order restoring the application is bad. Otherwise also, the trial Court has held that there are sufficient grounds to restore the application for setting aside the ex parte Judgment and decree. I concur with the reasoning given by the trial Court. There is no illegality in the order.