JUDGMENT :

Uday Umesh Lalit, J.

1. Delay condoned.

2. Leave granted.

3. These appeals challenge: (i) the Judgment and order dated 21.04.2006 passed by the High Court¹[High Court of Judicature at Allahabad] in FAFO (First Appeal From Order) No.2473 of 2005; and (ii) the Order dated 18.10.2019 passed by the High Court in CMRA (Civil Miscellaneous Recall Application) No. 107616 of 2009 preferred in said FAFO No. 2473 of 2005.

4. Respondent No.2 herein filed a Suit in the court of Civil Judge (Junior Division), Mainpuri, Uttar Pradesh, for recovery of money along with interest submitting inter alia that the defendant in the Suit i.e. Respondent No.1 herein had failed to refund Rs.22,400/- received by him towards part sale consideration for sale of property comprising of Gata No.1616/0.93 acres situated at Nangle Rate, Village Panchayat Mainpuri Rural, Tehsil and District Mainpuri. The Suit was filed on 25.05.1993 and as the summons sent to Respondent No.1 by registered post was received back with postal endorsement of ‘refusal’, the order dated 19.02.1997 passed by the Trial Court was :-

“Case called out. On behalf of plaintiff her counsel is present. Nobody present on behalf of defendant. T