LALDHARI MISTRI Vs. VIJAY KUMAR

JUDGEMENT

(1.) This revision petition is directed against the impugned order passed by the appellate Court in Misce. Appeal No. 1 of 2002 dated 29/5/2004, an appeal against the order of the trial Court dated 11/12/2001 in Miscellaneous case No. 16 of 1994 arising out of an ex parte order and judgment dated 9/6/1987 passed in Title suit No. 14 of 1986, by invocation of the provisions of Section 115 of the Code of Civil Procedure, 1908 (in short 'the Code').

(2.) The learned counsels for the parties are heard. The impugned order passed by the trial Court as well as the appellate Court are perused especially along with the provisions of Section 115 of the Code pertaining to the powers of revision as well as Order IX Rule 13 of the Code along with the second proviso.

(3.) The following dates are self eloquent:- <FRM>JUDGEMENT_2203_BLJR3_2006Html1.htm</FRM>