YOGESH CHANDER Vs. VANEETA

JUDGEMENT

(1.) IN the year 2002, plaintiffs, Yogesh Chander, Taresh Chander and Bhuvnesh Chander filed a suit for declaration and injunction against defendants, Vaneeta, Sunita and Mukesh. For the reason that plaintiffs failed to pursue the matter, despite several opportunities so afforded, on 7.7.2011 trial Court dismissed the suit in default for want of prosecution.

(2.) YOGESH Chander, plaintiff No. 1, filed an application seeking recall of this order, inter alia pleading that counsel for the plaintiffs remained busy in the District Courts at Solan and applicant being bed ridden, having suffered a paralytic attack could not attend Court proceedings. Significantly, no application was filed on behalf of plaintiffs, Taresh Chander and Bhuvnesh Chander nor their affidavit annexed in support of averments so made in the application. Defendants vehemently opposed the same inter alia pleading falsehood. Vide impugned order dated 16.5.2014, such application alongwith prayer for condonation of delay stands dismissed by the trial Court.

(3.) THE moot question which arises for consideration is as to whether in view of specific remedy of appeal, so provided under the provisions of Order 43 of the CPC, present petition is maintainable or not.