PRABHU NARAIN Vs. VISHNU SHARMA

JUDGEMENT

(1.) Heard learned counsel for the respective parties.

(2.) This revision petition is filed by the plaintiff-petitioner seeking to challenge an order dated 19.03.2019 whereby the respondents' application filed under Order 9 Rule 13 read with Section 151 CPC came to be allowed.

(3.) Learned counsel for the petitioner drew the attention of this Court to paragraph 5 of the impugned judgment which reads as under:- While drawing attention of this Court to aforesaid paragraph 5, it appears that the learned trial court assumed that the notice that was issued to the respondents subsequent to their counsel making a statement of no instructions since the notice did not back with signature of any witness identifying the respondents, it came to hold that the notice to be insufficient and consequently, allowed the said application.