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Ram Aasrey v. State Of U.P. And Another - WRIT - C No. 67773 of 2005 [2005] RD-AH 4814 (25 October 2005)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Anjani Kumar, J.

The petitioner-decree holder of a compromise decree, aggrieved by an order passed by the trial court dated 8th August 2005 whereby the application filed by respondent no.2 under Section 151 C.P.C. for recall of exparte decree was allowed and the matter was directed to be heard on merits, approached the revisional court by means of a revision under Section 115 C.P.C. The revisional court by the order impugned dated 5th September 2005 dismissed the revision. Thus this writ petition.

The contention of the petitioner is that the application filed by respondent no.2 for impleadment was dismissed by the trial court by order dated 14th May 1997. Thereafter the suit was decreed in terms of compromise. This plea was raised before the trial court which has been repelled. Application 19A was dismissed but the order was recalled by a subsequent order. The fact is that on the date the suit was compromised, the application 19A was pending before the trial court. Admittedly no notice or opportunity was given to the petitioner on application 19A, The trial court as well as revisional court has given a cogent reason for setting aside the order for compromise decree and directed the matter to be decided on merits after hearing respondent no.2 also. In my opinion the order impugned does not suffer from any error much less an error on record so as to warrant interference by this Court in exercise of jurisdiction under Article 226 of the Constitution of India.

This writ petition has, therefore, no force and is dismissed.

Dated: 25.10.2005.

mhu - 67773/05


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