UMA SHANKAR PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THIS M.J.C. application has been filed praying therein to re -hear C.R. No. 1438 of 1999 after setting aside the order dated 31.1.2000 passed by this Court. This re -hearing has been sought under Order 41 Rule 21 as also under Section 151 of the Code of Civil Procedure.

(3.) SO far as Order 41 Rule 21 of the Code of Civil Procedure is concerned, that is applicable with respect to an appeal which is heard ex parte in absence of the opposite party inspite of service of processes upon him. The opposite party may appear and pray for recall of the ex -parte hearing and to allow him to be heard, if the Court is satisfied that notice was not duly served or that the opposite party was prevented by sufficient cause from appearing when the appeal was called out for hearing. The above provision is specially meant for hearing an appeal. When an appeal is admitted, it is mandatory for the Court to issue summons against the Respondent and, therefore, when the Respondent appears and satisfies the Court that no summons was served upon him, in that case, the Court on its satisfaction in this regard may hear the Respondent and pass a fresh judgment. But a revision preferred under Section 115 of the Code of Civil Procedure does not