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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Vipin Kumar – Appellant
Versus
Jaydeep – Respondent
JUDGMENT :
B.V. NAGARATHNA, J.
1. Leave granted.
2. Being aggrieved by the order dated 05.01.2021 passed by the High Court of Uttarakhand in MCC No. 12090 of 2021 by which the application seeking recall of the order dated 11.10.2019 (passed in Review Application No. 708/2019 which was filed in S.A. No. 140/2016 which appeal was allowed by order dated 01.07.2019) was rejected, the appellant has preferred this appeal.
3. Briefly stated the facts of the case are as under. For the sake of convenience, the parties are referred to in terms of their status and position before the Trial Court while narrating the facts. However, they have also been referred to as appellant (defendant no. 3); respondent no. 1 (plaintiff); respondent no. 2 (defendant no. 1); respondent no. 3 (Union of India) and, respondent no. 4 (Tehsildar).
The plaintiff is stated to be a permanent resident of Village Fakarhedi, Tejupur. Defendant No. 1, through a daily newspaper Amar Ujala dated 21.01.2011 invited applications for the appointment of a Rajiv Gandhi Rural LPG distributor for Village Chudiyala, Tejupur, Tehsil Roorkee, District Haridwar, in the State of Uttarakhand. The application stated that the applicants who m
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