High Court of Judicature at Allahabad
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Rama Shanker & Others v. District & Sess. Judge & Others - WRIT - C No. 54537 of 2005  RD-AH 18658 (3 November 2006)
Hon. Tarun Agarwala,J.
An application for recall of an order dismissing the appeal in default was filed by the defendants in the appeal which was dismissed as not pressed by an order dated 4.12.2004. Immediately thereafter another application was moved by the defendants and the order dated 4.12.2004 was recalled. The plaintiffs being aggrieved by this order filed another application for recalling the order which was rejected. The revision filed was also rejected. The learned counsel for the petitioners submitted that the order of the Court recalling the application was passed exparte without giving an opportunity of hearing. This Court is not inclined to entertain this plea at this stage and the plaintiffs are directed to place their submission on the application for recall filed by the respondents before the appellate court.
The writ petition is dismissed.
If the appeal is pending, the same is directed to be decided within six months.
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