High Court of Judicature at Allahabad
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Shree Krishna Inter College v. Addl. Commissiner, Meerut Division At Meerut & Others - WRIT - C No. 7293 of 2007  RD-AH 2576 (15 February 2007)
Hon'ble Anjani Kumar, J.
Heard learned counsel for the petitioner.
The petitioner, defendant in a suit under Section 229-B, has challenged the order passed by the trial court whereby after the suit has been dismissed ex parte an application is filed by the plaintiff under Order 9, Rule 13 of the C.P.C.. The said application was allowed by order dated 24th November 2003 whereby the application filed by the plaintiff for setting aside ex parte dismissal of the suit has been allowed and the suit has been restored to its original number. Against this order the petitioner preferred a revision before the revisional court. The revisional court by its order dated 13th November 2006 has dismissed the revision filed by the petitioner. Thus this writ petition.
Both the authorities have recorded categorical finding with regard to sufficient cause shown by the applicant for setting aside exparte order and has accepted the same. In these circumstances this Court shall not interfere with the findings recorded by the trial court and affirmed by the revisional court.
This writ petition, therefore, has no force and is dismissed.
mhu - 7293/07
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