Court No. - 4 Case :- WRIT - C No. - 544 of 2010 Petitioner :- Brijesh Kumar And Others Respondent :- Smt. Uma Baluja And Others
Petitioner Counsel :- K.S. Chauhan
Hon’ble Krishna Murari, J.
Heard learned counsel for the petitioners.
Suit was filed by the plaintiffpetitioners seeking declaration of sale
deed dated 15.03.1985/23.03.1985 as null and void having been
executed by some imposter. In response to the summons and
notices, the respondents put in appearance. However, vide order
dated 05.10.2005 since none appeared on their behalf, the suit
was directed to proceed ex parte. Subsequently, an application
under Order IX Rule 7 C.P.C. was filed to recall the said order.
The application was allowed on payment of Rs.400/ as cost. The
plaintiffpetitioners went up in revision, which was also dismissed.
The order was sought to be recalled by the defendantrespondents
on the ground that by the time when the case was called out, he
went to call his counsel and by the time he could reach, the order
had already been passed.
The ground mentioned in the application to recall the order to
proceed ex parte appears to be reasonable and sufficient and no
illegality has been committed by trial court in recalling the same.
The revision challenging the said order has also rightly been
dismissed.
The writ petition being totally devoid of merit stands dismissed.
08.01.2010
VKS/ WP 544/10