High Court of Judicature at Allahabad
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Km. Rajika Singh v. Abhay Kumar Singh - WRIT - C No. 30509 of 2006  RD-AH 10459 (26 May 2006)
Hon'ble Umeshwar Pandey, J.
Heard learned counsel for the petitioner.
Petitioner's prayer for recalling the order dated 30.11.2005 made vide application dated 3.5.2006 (Annexure No. 4) has been refused by the impugned order. The petitioner absented on the date of final hearing (30.11.2005) and the order was passed for the suit to proceed exparte. The application was moved by the petitioner for recalling that order, which was supported by an affidavit. The court below has rejected that application on oral objection of the respondent-plaintiff.
Learned counsel contends that since the averments in the petitioner's affidavit before the trial court were not controverted by a counter affidavit, there was no justification for the court to reject the petitioner's prayer for recalling the said order.
Issue notice to the respondent Nos. 1 to 4 returnable within six weeks.
List thereafter on the date fixed in the notice.
Meanwhile, the proceeding in the suit No. 461 of 2001 pending in the court below shall remain suspended.
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