High Court of Judicature at Allahabad
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Rajendra Bihari Mishra v. Smt. Triveni Devi - CIVIL REVISION No. 283 of 2007  RD-AH 11511 (9 July 2007)
Hon'ble Janardan Sahai, J.
An application for disposal of the issue no.3 as a preliminary issue was filed by the petitioner who is plaintiff in the suit. The application has been dismissed. It appears that earlier an order was passed on 18.10.2006 in which counsel for the parties had made a statement that issue no.3 be decided after the evidence and in view of the statement made by the counsel for the parties the court had deferred the decision on issue no.3. As the order dated 18.10.2006 was passed by the consent of the petitioner's counsel no ground for recall of the order was made out and the court below did not commit any error in rejecting the application. Dismissed.
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