BASISTHA PANDEY Vs. SIGESHWARI DEVI

JUDGEMENT

(1.) THIS application purportedly under Order 41 rule 21 read with Section 151 of the Code of Civil Procedure has been filed for re -hearing of Civil Revision No. 1635 of 1996.

(2.) DEFENDANT nos. 1 to 3 of the connected suit in the court below filed application for amendment of the written statement. Their prayer was allowed on 21st August, 1996. The plaintiffs came in aforementioned civil revision i.e. C.R. No. 1635 of 1996. One of the defendants, namely, defendant no. 2, Ramesh Pandey, filed caveat. The civil revision was heard at length on 4th December, 1996. The civil revision was allowed in part on 12th December, 1996. The present application seeking re -hearing of the case was filed on 8th January, 1997.

(3.) IT has been stated that the civil revision was disposed of without any notice and opportunity of hearing to the petitioner. According to him, he had no knowledge about the civil revision until 23rd December, 1996. Thereafter, he rushed to Patna, made enquiries and learnt about the case. It has been stated that Ramesh Pandey, opposite party no. 2. in the connected civil revision and opposite party no. 4 in the present case did not inform the petitioner about the case.