PUSHP CHAND Vs. MADHU RATHI

JUDGEMENT

(1.) Under challenge before this court is an order dtd. 1/5/2008 passed by Additional District Judge (Fast Tract) No.3, Jodhpur in Civil Misc. Case No.132008, vide which, two separate applications i.e. one filed by respondent Nos.1 (co-plaintiff in the suit) and the other by respondent no.3(another co-plaintiff in the suit), both under Order 9 Rule 9 read with Sec. 151 CPC were allowed.

(2.) Since the controversy has already been succinctly summed up in an earlier order dtd. 28/5/2025 passed by this Court, for ease of reference the same is reproduced hereinbelow-

(3.) In the changed circumstances as above, the present application has been filed for recalling of the order dtd. 5/7/2010, stating that since the appeal was withdrawn as infructuous due to the plaint having been rejected, the appeal, as a necessary consequence of the restoration of the suit, be also restored to its original number.