SHANKAR PRASAD SINGH Vs. VIJAY SHANKAR SINGH

JUDGEMENT

(1.) By an silier dated 16.10.2008 further proceeding in Title Suit No.59 of 1975 was stayed by this Court.

(2.) Mr. S. K. Ughal, the learned counsel appears for the petitioner and Mr. D. K. Prasad and Mr. S.P. Roy, the learned counsels appear for the respondents.

(3.) The petitioner, Who is defendant no.16 in Title Suit No.59 of 1975, is aggrieved of order dated 07.07.2007 by Which an application under Order-XXII Rule 3, 4 and 9 Civil Procedure Code has been allowed. This was an ex-parte order passed by the trial court. The petitioner has challenged order dated 10.07.2008, by Which his application seeking dismissal of the suit as abated has been dismissed.